Paramjit Singh vs Central Board Secondary Education and Others

Ajay Tewari, J.—In this petition the petitioner has sought a direction to the respondents to release his gratuity amount and other accrued benefits along with interest. During arguments learned counsel has argued that the issue involved in the present petition is squarely covered by a decision of this Court in CWP No. 7326 of 2011, Sh. Ravinder Singh Guru v. Central Board of Secondary Education, New Delhi and others decided on 10.02.2012. In that case this Court held that teaching staff had been included in the definition of ''employee'' by an amendment of the Payment of Gratuity Act in 2009, placing reliance on the decision of the Hon''ble Supreme Court in Ahmedabad Pvt. Primary Teachers'' Association Vs. Administrative Officer and Others,

The writ petition is accordingly disposed of with a direction to respondent No. 3 to consider the claim of the petitioner in the light of the said decision, and if found entitled to, grant him the necessary relief within a period of three months from the date of receipt of a certified copy of this order. It is made clear that if any due amount is not released to the petitioner in the said time frame, the petitioner would be entitled to claim the same with interests at the rate of 8% p.a. from the date of retirement to the date of payment.