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2025 DAILYLAW 60918 (ALL)

HARIRAM YADAV v. STATE OF U.P. AND 3 OTHERS

WRIA/7061/2025 · 2025-05-19

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84463 Court No. - 6 Case :- WRIT - A No. - 7061 of 2025 Petitioner :- Hariram Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Bind Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Anil Kumar Bind, learned counsel for the petitioner and Sri Kaushlesh Pratap Singh, learned counsel for the respondents. 2. Petitioner an Assistant Teacher has served up to 62 years, therefore, gratuity was not not paid to him. 3. Learned counsel for the petitioner has relied on a judgment passed by a co-ordinate bench of Lucknow High Court in Writ-A No.5724 of 2024, Neutral Citation No.2024:AHC:LKO:68215 that gratuity is still applicable and be determined in accordance with Gratuity Act, 1972. 4. Learned counsel for the respondents refers judgments passed by this Court in Smt. Usha Verma & Anr Vs. State of U.P. & Ors, Neutral Citation No.2024:AHC:19811, District Basic Education Officer, Vs. Raja Ram Sharma & 2 Ors, Neutral Citation No.2025:AHC:49156, wherein this Court has taken a view that in case of Teachers of Basic Schools, payment of gratuity would be governed by Government Orders and not by the Gratuity Act, 1972. 5. In the aforesaid circumstances, there is no reason to take a contrary view as taken in Usha Verma (supra) and Raja Ram Sharma (supra). 6. Writ petition is accordingly dismissed. Order Date :- 20.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad