BHAGWAT SWARUP DIXIT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Hans Pratap Singh, learned Counsel for the petitioner, Sri B.P. Singh Kachhawah, learned Standing Counsel for respondent No. 1, and Sri Ashok Kumar Lal, learned Counsel for respondent Nos. 1 & 2. It is alleged in paragraph 3 of the writ petition that the petitioner was initially appointed as Clerk/Cashier in Hamirpur District Co-operative Bank Limited, District Mahoba, on 16.5.1972. In paragraph 4, it is stated that he was promoted to the post of Junior Branch Manager w.e.f. 24.1.1992. In paragraph 5, it is stated that the petitioner attained the age of superannuation on 30th June, 2010 and thus he was retired from service. Undisputedly the service condition of the petitioner was governed by the provisions of U.P. Co-operative Employees Service Regulations, 1975, which also contains the provisions with regard to Payment of Gratuity.

(2.) The grievance of the petitioner is that he should be paid gratuity as per provisions of the Payment of Gratuity Act, 1972.

(3.) Sri Hans Pratap Singh, submits that inaction of the respondents in not paying the gratuity to the petitioner as per the provisions of Gratuity Act, 1972, is wholly illegal.