KANTABEN MOHANLAL PARMAR Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) All these petitions, except Special Civil Application Nos.2786 of 2004 to 2789 of 2004, are yet not admitted and, therefore, Rule. Mr.M.D.Pandya, learned Counsel, waives service of Rule on behalf of the respondent. In all other matters, Rule has been served and Mr.M.D.Pandya, learned Counsel appears on behalf of the Gujarat Electricity Board, and with the consent of the parties, whole this group is decided with the other matters, which are being considered today for final hearing.

(2.) In all these petitions, the facts are common and common questions are involved and, therefore, they are being dealt with by this common order.

(3.) The short facts appears to be that the petitioners are the employees, who have retired from 1st April, 1995 to 23rd September, 1997. There is no dispute on the point that a settlement was entered into between the respondent, Gujarat Electricity Board ("the Board" for short), and its union on 24th July, 1988 and the said settlement, inter alia, provided for Condition No.24.0 for gratuity, which reads as under: "The maximum financial ceiling on the amount of gratuity payable will be revised on State Govt. lines, which is at present Rs.1 lakh. This will have effect from 1-10-1987." There is also no dispute on the point that after the settlement, General Standing Order ("the G.S.O." for short) came to be issued by the Board on 24th August, 1988 and Condition No.29 of the G.S.O. reads as under: "29. Gratuity: The maximum financial ceiling on the amount of gratuity payable will be revised on State Government lines, which is at present Rs.one lakh." As per the petitioners, right to receive the gratuity had accrued on the basis of the settlement and the G.S.O. may not be of much relevance. It is the further case of the petitioners that the State Government, thereafter, has revised the ceiling limit of the gratuity from time to time i.e. from Rs.1 lakh to Rs.2.50 lakhs and thereafter, it is further revised to Rs.3.50 lakhs. It is also the case of the petitioners that at the time when the matter was considered by the Honourable Finance Minister of the State Government on 6th March, 1993, it was represented on behalf of the Board to the State Government that the gratuity is being paid on the same scale as that of the Central Government. The petitioners concerned have retired from service. It is an admitted position that they have been paid the amount of gratuity by the Board taking as the basis being the ceiling limit of Rs.1 lakh.