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Supreme Court of India 2025-07-14 allowed

VIKRAM BHALCHANDRA GHONGADE vs THE HEADMISTRESS GIRLS

Bench: 2 — Sudhanshu Dhulia, K. Vinod Chandran

In Brief

The petitioner, son of a deceased teacher at an aided school, sought gratuity under the Payment of Gratuity Act, 1972. The School and authorities rejected the claim, demanding a legal heirship certificate. The Supreme Court held that aided school teachers—whose pay and service conditions are State-regulated—fall under the Maharashtra Civil Services (Pension) Rules, 1982, not the 1972 Act. A nominee's receipt of gratuity holds it in trust for all legal heirs, so no heirship certificate is required. The Court allowed the petition, directing the school to process the claim upon submission of a notarised indemnity undertaking, plus 7% interest from one month after death.

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Service Law Gratuity Succession Law Aided Schools Employee Benefits

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