Summary of Judgment Vikram Bhalchandra Ghongade vs. The Headmistress Girls High School and Junior College & Ors.

Related Law:

Payment of Gratuity Act, 1972 vs. Maharashtra Civil Services (Pension) Rules, 1982

Citation: 2025 INSC 824
Case Title: Vikram Bhalchandra Ghongade vs. The Headmistress Girls High School and Junior College & Ors.
Special Leave Petition (C) No.: 19436 of 2024
Court: Supreme Court of India
Judges: Hon’ble Mr. Justice Sudhanshu Dhulia & Hon’ble Mr. Justice K. Vinod Chandran
Date of Judgment: 14th July 2025

Background

1. Petitioner’s Claim:
   Son of a deceased teacher from an aided school sought gratuity under the Payment of Gratuity Act, 1972.
   Original and appellate authorities under the Act, along with the High Court, rejected the claim, prompting the appeal to the Supreme Court.

2. Key Dispute:
   Whether gratuity for aided school teachers is governed by the Payment of Gratuity Act, 1972 or the Maharashtra Civil Services (Pension) Rules, 1982 (framed under Article 309 of the Constitution).
   Petitioner argued that teachers are eligible under the 1972 Act (per Birla Institute of Technology v. State of Jharkhand), while respondents contended that aided school teachers are akin to state government employees, thus falling under the 1982 Rules.

Issues Before the Supreme Court

1. Whether the 1972 Act or 1982 Rules apply to gratuity for aided school teachers.

2. Whether the petitioner (son) could claim gratuity without a legal heir certificate, despite the surviving father (estranged husband of the deceased).

Supreme Court’s Decision

1. Applicability of Gratuity Scheme:
   1982 Rules Prevail: Aided school teachers, whose pay and service conditions are regulated by the state government, are covered under the 1982 Rules, not the 1972 Act.
   Reasoning:
   Teachers in aided schools are functionally equivalent to state government employees.
   The 1982 Rules provide more beneficial terms (e.g., gratuity payable even for service under 5 years, higher death gratuity rates).

2. Legal Heirship and Documentation:
   Nomination Suffices: Petitioner, as the nominee for provident fund, need not produce a legal heir certificate. Payment to him would be in trust for all legal heirs (including the estranged father).
   Directions for Payment:
   Petitioner to submit an indemnity affidavit to the school authorities.
   Education Officer to disburse Death-cum-Retirement Gratuity (DCRG) under the 1982 Rules with 7% interest from one month post-death till payment.

Conclusion

• The Supreme Court allowed the petition in part, holding:
  Aided school teachers’ gratuity is governed by the 1982 Rules, not the 1972 Act.
  Nomination is valid for claiming DCRG; no legal heir certificate required.

• Final Direction:
  Respondents to process the DCRG claim expeditiously upon receipt of the indemnity affidavit.