Maharashtra Civil Services (Pension Rules), 1982 – Payment of Gratuity Act, 1972 – Death-cum-Retirement Gratuity – Claim of – Death of the teacher working in an aided school – Claim of gratuity by the son-petitioner under the 1972 Act, being the nominee – Claim rejected by the authorities below as also by the High Court – Correctness:
Held: Though the teachers may not be holding a post under the State Government, it is akin to a post under the State Government, at least for the monetary benefits of pay and allowances, while in service, as also pension and other benefits on retirement, are covered under the 1982 Rules – On death prior to five years of service the benefits under the 1982 Rules would be more beneficial to the dependents of the employees – Government servants including the teachers in the Government schools would be entitled to gratuity under the 1982 Rules and there cannot be a situation where the teachers of aided schools are entitled to a different computation of gratuity under the 1972 Act – Rules of 1982 enables not only Death-cum-Retirement Gratuity-DCRG but also pension to the employees covered under the 1982 Rules, which a person entitled to the gratuity under the 1972 Act may not be entitled in all circumstances – Petitioner, has been paid the provident fund dues, for which he was notified as a nominee, by the mother when she was alive – No reason to direct the petitioner to produce a legal heirship certificate since in any case the payment made to nominee or one of the legal heirs, when there are also other legal heirs left behind, is in trust for all the others – Petitioner to approach the first respondent with an application for payment of DCRG in accordance with the 1982 Rules along with an undertaking to indemnify the Government and the Society running the aided school from any claims made by any other legal heir. [Paras 7-12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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