Neutral Citation No. - 2025:AHC:112729 Court No. - 52 Case :- WRIT - A No. - 8823 of 2025 Petitioner :- Sirajul Hasan Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Mangal Singh,Sarveshwar Singh Counsel for Respondent :- C.S.C.,Ram Prasad Dubey Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Sarveshwar Singh, learned counsel for the petitioner, Mr. Ram Prasad Dubey, learned counsel for the respondent nos.2 & 3 and learned Standing Counsel for the State. Learned counsel for the petitioner submits that the writ petition has been filed with the prayer to direct the respondents to consider the claim of the petitioner regarding gratuity as well as interest in the light of judgement and order dated 01.10.2024 passed by this Hon'ble Court. Learned counsel for respondent nos.2 & 3 submits that Teacher including Head Master, Basic Institution cannot be held to be an employee under Section 2(e) of Payment of Gratuity Act, 1972, therefore, he is not entitled for any benefits under the aforesaid act. However, he has no objection, in case fresh representation is moved by the petitioner, the same shall be considered and decided in accordance with law. Considering the facts and circumstance of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents as may be advised, before the respondent no.3 District Basic Education Officer, Budaun, within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 14.7.2025/Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad