AIROnline 2025 SC 561

Payment of Gratuity Act (39 of 1972) , S.4— Constitution of India , Art.309— Maharashtra Civil Services (Pension) Rules (1982) , R.4(5)— Gratuity – Rejection of claim for – Challenge against – Petitioner, son of teacher in an aided school, who died in harness , sought gratuity benefits – Rules of 1982 are applicable to aided school teachers whose pay and allowances and service conditions are regulated by Government – Such teachers are entitled to benefits under the 1982 Rules, including DCRG and pension – Obtaining legal heir certificate was not necessary since nomination made by the deceased employee absolved employer from finding out legal heirs for making payments – Death being undisputed, production of death certificate was not necessary – Directions were issued to petitioner to submit an indemnity undertaking and apply for DCRG, which the Education Officer was instructed to process expeditiously

(Para 9
10
11
12)

…..