Neutral Citation No. - 2025:AHC:30688 Court No. - 7 Case :- WRIT - A No. - 2370 of 2025 Petitioner :- Waqar Ahmad Respondent :- District Basic Education Officer Fatehpur And 3 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner and Shri S.S. Bhadauria, learned counsel appearing for the respondent nos. 1, 2 and 3. Learned Standing Counsel represents the respondent no. 4- State of U.P.. 2. Under challenge in the present petition is an order dated 10.1.2025 passed by the respondent no. 2- Finance and Account Officer (Basic Education), Fatehpur, whereby, it has been held that the teachers, who have opted for age of 60 years as the date of retirement will be entitled to gratuity on their retirement from service. 3. It is stated that the petitioner had not opted for retirement at the age of 60 years and his date of retirement remained at 50 years and 6 months. It is stated that the effect of the impugned order is that the petitioner has been denied the benefit of gratuity. Learned counsel for the petitioner has relied upon a judgment of a coordinate Bench of this Court in the case of Dr. Ashok Kumar Tomar Vs. State of U.P. and others decided on 19.4.2023 (Neutral Citation No. 2023:AHC:86122), whereby, the petitioner therein successfully pleaded entitlement of gratuity despite he opting for voluntary retirement in 2009 on attaining the age of 50 years and after completing service of 27 years, 9 months and 28 days. The aforesaid petition of Dr. Ashok Kumar Tomar was allowed quashing the orders impugned therein and a writ of mandamus was issued directing the concerned respondents to compute the amount of gratuity payable to the petitioner therein after hearing the petitioner and to release the same in favour of the petitioner within a period of two months. The petitioner therein was also held to be entitled for interest at the rate of 9 percent per annum on the amount of gratuity from the date of his retirement till the date of actual payment. It was further provided in the judgment that the amount so payable would be in addition to the amount of pension which the petitioner was getting. 4. Learned counsel for the petitioner has referred to the subsequent judgments of this Court bearing Neutral Citation No. 2025:AHC:19505 and Neutral Citation No. 2025:AHC:18188 by which the aforesaid judgment in the case of Dr. Ashok Kumar Tomar has been followed and benefit of the same has been extended to the respective petitioners. 5. Shri S.S. Bhadauria, learned counsel appearing for the respondent nos. 1, 2 and 3 has fairly admitted that the issue involved in the present petition is squarely covered by the judgment of this Court in Dr. Ashok Kumar Tomar and the benefit therein can be extended to the petitioner in the instant case also. 6. In view of the aforesaid submissions of the learned counsel for the parties, this instant petition is allowed. The impugned order dated 10.1.2025 in so far as it ousts the right of the petitioner to avail gratuity is quashed and a mandamus is issued in terms of prayer no. 2 of the writ petition which is as follows: "II. Issue a writ, order or direction in the nature of mandamus commanding direct the Respondent no.1- District Basic Education Officer, Fatehpur and the Respondent no. 2 Finance and Account Officer (Basic Education), District Fatehpur to sanction and pay gratuity to the petitioner along with interest @ 9% per annum from the due date till actual payment is made, within stipulated period as may be fixed by this Hon'ble Court." 7. The stipulated period of actual payment would be two months from the date of presentation of a certified copy of the instant order. Order Date :- 4.3.2025 A. V. Singh (Jayant Banerji, J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad