UNION OF INDIA Vs. MANIK LAL BANERJEE

JUDGEMENT

(1.) Leave granted.

(2.) The Respondent was a Station Master working in Sodepur Railway Station, Eastern Railway. He retired on 31.1.1995. He was paid 16 1/2 months emoluments comprising basic salary and 20% dearness allowance towards Death-Cum-Retirement Gratuity.

(3.) One Pritam Singh who is said to be similarly situated, however, claimed and obtained such benefits of gratuity in terms of the provisions contained in the Payment of Gratuity Act, 1972 (for short "the 1972 Act") in terms whereof the element of dearness allowance was calculated at the rate of 125% of basic salary. A special leave petition filed thereagainst was dismissed by this Court by an order dated 13.2.2002 holding: