D RAMESH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution the petitioner has sought for striking down Regulation 4(e)(l) of the Death-cum-Retirement Gratuity Regulations 1975 (hereinafter referred to as the Gratuity Regulations') framed by the second respondent as violative of Article 14 of the Constitution and also being inconsistent with the provisions of Payment of Gratuity Act, 1972 (hereinafter referred to as the 'Act'). The petitioner has also sought for a Writ in the nature of Mandamus directing respondents 2 and 3 to pay the amount of gratuity which is legally due to him with compound interest compens tion and penalty.

(2.) The facts necessary for the purpose of deciding the reliefs sought for by the petitioner are not in dispute. The petitioner joined the services in the month of April 1970 as Commodity Analyst/Economist under respondent No.2 at Delhi on a salary of Rs.780/- p.m. He served in that capacity at Delhi till July 1975. In the month of July 1975 on promotion as Marketing Manager he was posted at the Branch Office of the second respondent at Madras. He served as such at Madras upto September 1976. Thereafter, he came to be transferred to Bangalore Branch in September 1976 as Branch Manager of the Bangalore Branch of the second respondent which is made as third respondent in the writ petition. From September, 1976 to September 1979 he served at Bangalore Branch as Branch Manager. While serving at Bangalore he came to be transferred and posted to Frankfurt at West Germany by the Office Memorandum dated 25-4-1979 produced as Annexure-F. That Office Memorandum also contains conditions of Foreign Posting of the petitioner. Those conditions are as follows:

(3.) Thereafter the petitioner sought for payment of gratuity. The same was refused by the communication dated 20th August 1987 by the Deputy Personnel Manager stating that under STC's Death-cum-Retirement Gratuity Regulations, Gratuity is not payable to the petitioner since he has resigned within three years of his posting back to India. Thereafter, the present petition is filed on 13-6-1988 seeking the aforesaid reliefs.