Gratuity for teachers of un-aided schools in maharashtra
A G NIMGAONKAR
(Querist) 22 November 2011
This query is : Resolved
Respectd Sir,
Myself was working in un-aided school since 1985 to 2008.where gratuity were paid to the teachers upto 2004 but after Apex court judgement regarding Gujarat primary teachers case our management denied gratuity eventhough it was mentioned in our Appointment Order that gratuit ill be paid according to MEPS Rules & Services Act 1981.
My question : Whether I should get Gratuity from the date of Appointment i.e.1985 or 1997 after the said Ammendment?
Raj Kumar Makkad
(Expert) 22 November 2011
You are fully entitled to claim your gratuity as management is not empowered to take shelter of Gujarat Municipal teachers case as there was no contract of gratuity in the mentioned case but your case is not covered under that condition. So file a civil suit seeking gratuity as per terms of your appointment letter. Do no make delay otherwise case can be dismissed due to delay and latches.
Prakash Jethva
(Expert) 23 November 2011
I am fully agree with Mr. Makkad.
prabhakar singh
(Expert) 23 November 2011
Your this sentence"Myself was working in un-aided school since 1985 to 2008."
SUGGESTS THAT YOUR RIGHT TO GRATUITY IF ANY AROSE IN YEAR 2008,THEN YOU HAVE TIME TO FILE SUIT, IF ANY, ONLY WHEN YOU LEFT THE SCHOOL SOMETIME AFTER 22/23 NOV 2008.EACH DAY IS RUNNING FAST IF ALREADY NOT PASSED.