Am I Entitled to Gratuity After Resigning from a Government-Aided School Job? Seeking Advice

Dear all, I have worked in a Maharashtra government-aided school as a permanent teacher since June 1997. I resigned from my job on 1st August 2011, with my last working day being 31st July 2011. My records have been excellent and clean, and I have quit the job of my own free will. My office staff tells me that I am not entitled to any benefits from the government (including gratuity) as I am too young and may be able to work elsewhere. Right now, I am planning to start up my own business venture and do not plan to work for anybody. Will someone please tell me if I am entitled to any benefits at all?

Gratuity Entitlement

Also, if I am entitled to receive gratuity, what are the government GRs that will help me get it? Additionally, how much time do I have to apply for the same, and how much gratuity am I eligible to receive?

Thanks a ton! I will be grateful if someone helps at the earliest.

Dear Sapna,

Amendment to the Payment of Gratuity Act

The Government of India has amended the definition of the term "employee" as defined under section 2(e) of the Payment of Gratuity Act, which came into force on 3-4-1997. Consequently, even teachers are now included in the definition of "employee" under section 2(e) of the Payment of Gratuity Act and are entitled to claim and receive gratuity under this Act, provided they meet the other conditions specified by the Act.

Eligibility for Gratuity

Since you resigned from the school after 3-4-1997, you are entitled to receive gratuity under the Payment of Gratuity Act, subject to fulfilling the other eligibility conditions. You must first send a notice in the prescribed form to the school within thirty days of your resignation date, requesting gratuity payment. If you are unable to do so within thirty days, you can submit the claim later, along with reasons for the delay.

Response from School Management

Upon receiving your claim, the school management must respond within thirty days, either accepting or rejecting it. If your claim is rejected, you can escalate the matter by filing a claim for gratuity with the Controlling Authority under the Payment of Gratuity Act. If the school has branches in multiple states, file your claim with the controlling authority appointed by the Central Government; otherwise, file it with the controlling authority appointed by the State Government.

Contacting the Controlling Authority

For information on the controlling authority, contact the local labor office or the office of the Commissioner of Labor in your state.

Best regards,

Dear Mr. Harikrishnan, thank you so much for your helpful reply. I have contacted my school office for the prescribed form, but they refuse to give me one, saying that I am not entitled to gratuity as I am not a private employee but a government-aided school employee governed by the government of Maharashtra rules. They have asked me to visit the pay unit in Pune to confirm what they say. All this is wasting time as most offices this month are closed for a lot of holidays.

So, can I at least give an application on a plain sheet of paper for claiming my gratuity and then go for the other nitty-gritties lest I get delayed? Thank you once more.

With regards.

Dear Ms. Sapna,

Please confirm whether you are an employee of the Government or an employee of a government-aided school. Both types of employment are different. Also, please check and confirm whether you are entitled to gratuity according to the rules of the Government of Maharashtra.

Meanwhile, there is nothing wrong with giving an application on plain paper in the following format:

"To

(Here give the name of the school with the full address)

Sir,

I apply for gratuity to which I am entitled under subsection (1) of section 4 of the Payment of Gratuity Act, 1972, on account of my superannuation/retirement/resignation (strike out whichever is not applicable) after completing not less than five years of continuous service. Necessary particulars relating to my appointment in your school are given in the statement below.

Statement:

1. Name in full:

2. Address in full:

3. Department/Branch/Section where last employed: (Here give the location of the school in which you were last employed)

4. Post held

5. Date of appointment

6. Date on which the employment came to an end and the reason for the same

7. Total period of service

8. Amount of wages last drawn

9. Amount of gratuity claimed

Payment may be made in cash or an open or crossed cheque.

Yours faithfully,

Place

Date:

Send the application through registered post with acknowledgment due.

Wishing you success.

With regards,"

Thank you so much for your kind and helpful reply. I shall go to the pay unit and find out the rules, and until then, do as you have directed me to and get back with the results, whatever they are.

Thank you once again.

With regards,