MOHAMMADD SHABBIR NADVI Vs. JAMIA MILLA ISLAMIA

JUDGEMENT

(1.) Since the question involved in this case is short, we have heard the matterfinally with the consent of the Counsel and proceed to dispose of the writ petition.

(2.) In this case, the petitioner has claimed that the respondents have not paidthe gratuity amount on his retirement on 31.7.82. Notice to show cause was issuedto the respondents. In response to the show cause notice, the respondents haveappeared and state that since the petitioner did not vacate the quarter, the gratuityamount was not paid.

(3.) Counsel for the petitioner has relied upon F.R. Jesuratnam v. Union of Indiaand Others reported as 1990 (Supp) S.C.C.640, which is to the effect that "gratuityis no longer a bounty but it is a matter of right of the employee and it can thereforeno longer be regarded as a provision in the discretion of the President (employer)