Neutral Citation No. - 2025:AHC:117881 Court No. - 52 Case :- WRIT - A No. - 9158 of 2025 Petitioner :- Arun Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Kumar Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Anurag Kumar, learned counsel for the petitioner, learned Standing Counsel for the State - respondent no. 1, and Sri Tej Bhan Singh, learned counsel appearing for respondent nos. 2 & 3. The petitioner has preferred instant writ petition for a direction upon respondent nos. 2 & 3, i.e., District Basic Education Officer, Jaunpur and Finance and Accounts Officer (Basic Education), Jaunpur, to pay the gratuity payable to him on his superannuation. The petitioner was an Assistant Teacher at Primary School, Harkhamalpur, Karanjakala, Jaunpur. He retired on attaining the age of superannuation of 62 years on 31.03.2025. His grievance is that as he opted to retire at the age of 62 years instead of 58 years, he is not being paid the gratuity amount. Learned counsel for the respondents has received instructions. He submits that in view of the settled position of law as laid down in the case of Bindra Prasad Patel v. State of U.P. and others, Special Appeal No. 41 of 2025 : 2025:AHC:106762- DB, wherein the Division Bench has held that a teacher (including Headmaster) of a Basic Institution cannot be held to be an 'employee' under Section 2(e) of the Payment of Gratuity Act, 1972, thus, the benefits available to an employee under the said Act would thus not be available to such a teacher. In view of the aforesaid, the writ petition lacks merit. It is dismissed accordingly. No order as to costs. Order Date :- 21.7.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad