U RATNAKAR RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition the petitioner has sought for a direction to the respondents to calculate the amount of gratuity admissible under the Pension rules in accordance with the provisions of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as 'the Pension Rules'), by taking into consideration that the maximum amount admissible under the Pension Rules would be Rs. 2,50,000/- and sanction him the gratuity amount of Rs. 2,14,731/- with interest, after giving deductions to the payment already made, along with interest at 18% per annum from 1st july, 1997 till the date of payment.

(2.) FEW facts, which are not in serious dispute and are relevant for the disposal of this petition, may be stated as hereunder. The petitioner had retired as Superintending Engineer (Mechanical)in the services of the 2nd respondent-New Mangalore Port Trust (hereinafter referred to as 'the Port Trust') on 30th June, 1997. The 2nd respondent-Port Trust settled his retirement benefits including the gratuity immediately after his retirement on the basis he was entitled to receive the payment in terms of the provisions contained in the Payment of Gratuity Act (hereinafter referred to as 'the Gratuity Act' ). The petitioner not being satisfied with the settlement of the gratuity in terms of the provisions of the Gratuity Act, gave representations to the respondents to settle the gratuity payable to him in terms of the provisions contained under the Pension Rules. However, the claim made by the petitioner was negatived by means of communication dated 9th August, 2001, a copy of which has been produced as Annexure-R5 along with the statement of objections. Challenging the action of the respondents refusing to settle the gratuity payable to him in accordance with the provisions contained in the Pension Rules, the petitioner has filed this petition.

(3.) SRI C. Dinakar, learned Counsel appearing for the petitioner submits that since the petitioner is governed by the provisions of the Pension Rules, the gratuity payable to the petitioner is required to be settled in terms of the said rules and not in accordance with the provisions contained in the Gratuity Act. In support of his contention that the pension Rules applies, he drew my attention to Regulation 4 of the New mangalore Port Trust (Adaptation of Rules) Regulation, 1980 (hereinafter referred to as 'the regulations' ). According to the learned Counsel, regulation 4 of the Regulations makes it clear that till new regulations are framed with previous sanction of the Central Government, the Pension Rules would be applicable to all the employees of the 2nd respondent-Port Trust; and till now since the new regulations have not yet been framed, the petitioner is entitled for settlement of his pension in terms of the Pension Rules.