ENGINEERING EXPORT PROMITION C Vs. A K MITRA

JUDGEMENT

(1.) This appeal is directed against the order dated 26th May, 2006 passed by the learned Single Judge disposing of the writ petition filed by the respondent herein. The respondent joined the appellant organisation after obtaining his Post Graduation degree in Foreign Trade. While he was functioning as the Resident Director of the appellant, he made a request for being relieved on voluntary retirement basis. He was, however, relieved on the basis of his having resigned from the service. The respondent was paid the terminal benefits admissible to an official who had resigned from the services, including gratuity and provident fund.

(2.) Subsequent to his release on resignation, the appellant carried an exercise of pay revision, consequent upon which there was a pay revision for the period when the respondent was in service prior to his resignation.

(3.) Consequent upon which the respondent took up a plea that he was entitled to differential gratuity in view of upward revision of the pay scale in view of pay fixation exercise undertaken by the appellant.