Writ Against Teacher’s Gratuity Dismissed for Ignoring Statutory Appeal | HC

Case Details: Union of India vs. Reyhana Akhter - [2025] 179 taxmann.com 184 (HC-Jammu And Kashmir And Ladakh)

Judiciary and Counsel Details

• Javed Iqbal Wani, J.
• T.M. Shamsi, DSGI & Ms Yasmeen Jan, Adv. for the Petitioner.

Facts of the Case

In the instant case, the Respondent No.1-teacher filed an application before the Respondent No.2 authority seeking a direction to the management of the petitioner-school to pay gratuity on the premise that she had worked as a teacher for more than five years.

The petitioner-school contested the claim on the ground that respondent No.1 was a contractual appointee and did not discharge continuous service, but with a break in service.

The Respondent authority, however, held that Respondent No.1 was entitled to payment of gratuity. Thereafter, the petitioner school filed the instant petition challenging the said order.

It was noted that a bare perusal of section 7(7) of the Payment of Gratuity Act, 1972, suggests that a remedy of appeal is provided to a person aggrieved by an order passed under sub-section 4 of Section 7 to be preferred before the appropriate Government or such other Specified Authority within 60 days from the date of receipt of the order.

It was noted that the petitioner school had consciously chosen not to avail itself of the remedy of appeal provided under the Act, within the prescribed period of limitation. Instead, it filed an instant petition after a considerable period of time, invoking the extraordinary writ jurisdiction of the High Court while by-passing the said statutory alternate remedy.

High Court Held

The High Court held that the petitioner had sought a determination of questions that required an elaborate examination of evidence based upon disputed facts involved in the matter. Accordingly, the instant petition was to be dismissed.

List of Cases Reviewed

• A.V. Venkataswaran, Collector of Customs v. Ramchand Shobraj Wadhwani AIR 1961 SC 1506 (para 12) followed

List of Cases Referred to

• Allahabad Bank v. All India Allahabad Bank Retired Employees Association [2010] 2 SCC 44 (para 8)
• Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer [2004] 1 SCC 755 (para 8)
• Balbir Kaur v. Steel Authority of India Limited 2000 taxmann.com 3217 (SC) (para 8)
• A.V. Venkataswaran, Collector of Customs v. Ramchand Shobraj Wadhwani AIR 1961 SC 1506 (para 12).