BABITA GUPTA Vs. ASSAM GRAMIN VIKASH BANK

JUDGEMENT

(1.) Heard Ms. D. Borgohain, learned counsel for the petitioner and also heard Mr. S. Dutta, learned Sr. counsel appearing for the respondents.

(2.) After serving for 5 years and 10 months, the petitioner who was an Officer in the Junior Management Scale-I (Assistant Manager) of the Assam Gramin Vikash Bank, submitted her resignation letter to the Chief Manager (Personnel), Assam Gramin Vikash Bank on 27.11.2017. Her resignation letter was accepted and she was released from service vide Office Order No. AGVB/RONAL/ADMN/12/68/2017-18, dated 03.03.2018, issued by the Regional Manager. But before she was released from service, on 16.01.2018 she had submitted a representation to the Chief Manager (Personnel), Assam Gramin Vikash Bank requesting for payment of gratuity. Following her request, the Chief Manager (Personnel) wrote to the Regional Manager, Assam Gramin Vikash Bank stating that the petitioner is not entitled to gratuity as per the provision of the Regulation-72(2)(d) of Assam Gramin Vikash Bank Service Regulation, 2010 (which shall hereinafter be referred to as Regulation of 2010). On 8.2.2018 through a letter the petitioner was informed by the Regional Manager that she is not entitled to gratuity. Being aggrieved by the denial of gratuity the petitioner has come before this Court by filing this writ petition.

(3.) The case of the petitioner as submitted by her learned counsel in brief is that, in view of the provision of Regulation-72(1) of the Regulation of 2010 the employees of the Bank are eligible for payment of gratuity either under the Regulation of 2010 or under section-4 of the Payment of Gratuity Act, 1972. Therefore, though the petitioner did not complete 10 years of service which is the required length of service for entitlement to gratuity under the Regulation-72(2)(d) before she resigned she is entitled to the same under section-4(1) of the Payment of Gratuity Act, 1972 since she had done more than 5 years of continuous service when she tendered her resignation.