Gratuity Benefits: Supreme Court's big decision, teachers of aided schools will get gratuity at par with government teachers..

The Supreme Court has given a big decision in the interest of teachers of government-aided schools. The Supreme Court has clarified in its order that teachers of aided schools will also get the benefit of gratuity like state government teachers. A bench of Justice Sudhanshu Dhulia and Justice K Vinod Chandran in the Supreme Court has given this decision while hearing a petition, in which the appellant had filed an appeal for the gratuity of his late mother. The appellant's mother was a teacher in an aided school in Maharashtra.

The High Court had rejected the petition.

The appellant had first filed an appeal in the Bombay High Court for his mother's gratuity after her death, being her nominee, which was rejected by the High Court. On this, the appellant filed a petition in the Supreme Court. Hearing the matter, the Supreme Court said that the benefit of gratuity of aided school teachers will not be governed by the Gratuity Payment Act, 1972, but will be governed by the State Service Rules relating to salaries and allowances.

What did the Supreme Court say

During the hearing, Justice Chandran, in his written judgment, refused to grant the benefit of Gratuity to the son of the deceased teacher under the Gratuity Payment Act, 1972. Instead, he ordered to give the benefit of gratuity to the son of the deceased teacher under the 1982 rules.

The apex court said in its judgment that for all practical purposes, a teacher in an aided school is similar to a post under the state government. The relevant fact is that the posts in aided schools are either sanctioned by the government or approved as per the rules, and the salary and allowances are also given by the government. Aided school teachers are also entitled to certain conditions of service, as applicable to government teachers. The court further said that they are entitled to pension, provident fund and gratuity as per the rules brought under Article 309 of the Constitution of India. The court allowed the appellant to approach the first respondent with an application for payment of gratuity as per the 1982 rules.

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