Allahabad High Court
WAQAR AHMADversusDISTRICT BASIC EDUCATION OFFICER AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Division Bench's determination that the application date was 23‑01‑2023 is final and cannot be reopened, obligating the respondents to pay gratuity with interest as directed.
Summary
The petitioner, a former Assistant Teacher who took voluntary retirement, applied for gratuity on 23‑01‑2023 and later sought interest on the delayed payment. Earlier writ petitions resulted in the court directing payment of gratuity with interest, and a Division Bench affirmed the application date as 23‑01‑2023. The respondents later issued an order denying that date, prompting the petitioner to file the present writ petition seeking quashment of that order. The court held that the Division Bench's finding on the application date was final and could not be revisited. Consequently, the impugned order was quashed and the respondents were directed to pay interest at 9% per annum from 23‑01‑2023 to 03‑06‑2025 within two months of the certified order.
Issues considered
- Whether the date of the petitioner’s application for gratuity, as fixed by the Division Bench, can be contested by the respondents in a subsequent order.
- Whether the impugned order denying the accepted application date is liable to be set aside.
- Whether interest on the gratuity amount is payable from the date of the accepted application.
Subjects
- gratuity
- voluntary retirement
- interest
- writ petition
- quashing order
- education department
- finality of judicial determination
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14018 of 2026
Waqar Ahmad
.....Petitioner(s)
Versus
District Basic Education Officer And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Singh, Adarsh Singh
Counsel for Respondent(s) : C.S.C., Shivendra Singh Bhadauria
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioner, Mr. Shivendra Singh
Bhadauria, learned counsel for the respondent-BSA, and learned
Standing Counsel for the State-respondents.
2. The writ petition has been filed with the prayer to quash the
impugned order dated 19.06.2026, passed by respondent no. 1,
District Basic Education Officer, Fatehpur.
3. Learned counsel for the petitioner submits that the petitioner, who
was working as Assistant Teacher, took voluntary retirement on
01.10.2022. He moved an application for payment of gratuity on
23.01.2023. When nothing was done, Writ-A No. 13889 of 2024 was
filed, which was disposed of with a direction to the concerned
respondents to look into the petitioner's grievance regarding payment
of gratuity.
4. The claim was rejected by order dated 10.01.2025, which was
challenged by filing Writ-A No.2370 of 2025. The said writ petition
was allowed, with a direction to the concerned respondents to
sanction and pay gratuity to the petitioner along with interest at the
rate of 9% per annum from the due date till the date of actual
payment, within the stipulated period.
5. Against the aforesaid order, Special Appeal Defective No. 442 of
2026 was filed by the District Basic Education Officer and two
others, wherein, vide order dated 29.05.2026, the date of the
WRIA No. 14018 of 2026
2
application for payment of gratuity was accepted to be 23.01.2023.
Despite the aforesaid orders passed by this Court, the impugned
order has been passed denying that the date of application to be
23.01.2023.
6. Learned counsel for the petitioner submits that once the date of
making the application has been accepted by the Division Bench of
this Court, the same has attained finality, and no issue regarding the
same can be raised by the respondents at this stage.
7. On the aforesaid, learned counsel for the respondent-BSA,
emphasizing upon-23 of the writ petition, submits that a simple
application was given, wherein no date has been mentioned except
the date of the portal receipt, i.e., 23.01.2023. He further submits that
the proper formality has not been completed, as the application had
to be moved in a proper format of 3 or 4 pages.
8. This Court is of the opinion that once the Division Bench has
already accepted the date of the application for payment of gratuity
as 23.01.2023, the respondents are liable to pay the amount as
directed by the writ court and affirmed by the Division Bench in the
Special Appeal, unless the said order of the Division Bench is
interfered with.
9. In view of the aforesaid, the impugned order dated 19.06.2026 is
hereby quashed. The writ petition is allowed with a direction to the
District Basic Education Officer, Fatehpur, and the Finance &
Accounts Officer (Basic Education), Fatehpur, to pay interest on
gratuity to the petitioner at the rate of 9% per annum from the due
date, i.e., 23.01.2023, till 03.06.2025, within a period of two months
from the date of production of a certified copy of this order.
(Mrs. Manju Rani Chauhan,J.)
September 8, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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