VidhiSangh

Supreme Court of India · 09/02/2023

STATE OF U.P. & ORS. versus SMT. PRIYANKA

[2023] 1 S.C.R. 385 · 2023 INSC 109

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Summary

A Lecturer appointed in Uttar Pradesh in July 2001 died in service in August 2009, and the State refused his widow death-cum-retirement gratuity because he had not exercised the option to retire at 60; the Allahabad High Court directed payment with 8 per cent interest and the Division Bench affirmed. The Supreme Court dismissed the State's appeal with costs of Rs. 50,000: the Government Order of 16 September 2009 allowing the option to be exercised up to 1 July 2010 was issued after the employee's death, so he had no chance to exercise any option, the State did not contend that he would have been ineligible had he opted, and the gratuity is a benevolent scheme properly extended to his heirs; the practice of the State bringing such cases to the Supreme Court was deprecated.

Issues

  1. Whether the heirs of a lecturer who died before the Government Order permitting an option to retire at 60 was even issued can be denied death-cum-retirement gratuity for his failure to exercise that option.

Provisions considered

Held

Result

Appeal dismissed with costs of Rs. 50,000 payable by the State of Uttar Pradesh to the respondent within four weeks; Allahabad High Court judgment in Special Appeal No. 343 of 2021 affirming the direction to pay gratuity with 8 per cent interest upheld.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 385.