Thought for Today, 12 th June 2018

Be careful what you say. You can say something hurtful in ten seconds, but ten years later, the wounds are still there.

Sunday, February 17, 2013

Cut off date fixed by Govt. of Maharashtra for payment of Gratuiety held unconsttitutional by Supreme Court

The State Government had increased the ceiling limit of retirement gratuity and death cum gratuity from Rs. 3.5 lakhs to Rs. 5 lakhs vide G.R. dated 5th May 2009 These limits were made applicable to  university and college teachers and others to whom the M.C.S.(pension) Rules are made applicable. In the light of the 6 th pay commission recommendations the said limit of Rs.5 lakhs was increased to Rs. 7 lakhs vide G.R. dated 21 st August 2009. However this was made effective from September 2009.

The association of retired university and college teachers   had challenged the said resolution dated 21 st August 2009 by filing a writ petition in  Aurangabad  Bench of Bombay High Court. The said petition was dismissed by the High court. The association had challenged the decision of High Court by filing a special leave petiotion in the Supreme Court. The said pettion was allowed by the Supreme Court setting aside the order of the High Court.

The supreme court declared the cut off date fixed by by the Govt . in their G.R. dated 21 st August 2009 as unconsttitutional and held that the employees governed by the G.R. dated 5 th May 2009 are also entitled to the benefit of enhnanced gratuity of Rs. 7 lakhs. The Supreme court further directed that the appelant and other similarly situated employees should be paied the differenece of Gratuity already paid and the enhanced gratuity payable in terms of G.R. dated 21 st August 2009.

This decision will benefit the State Government employees and other employees to whom .M.C.S.(pension) Rules 1982 are applicable and who are retired between 1-1-2006 and 1-9-2009.

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