MUHIBUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. G. N. Sahewalla, learned senior counsel appearing for the petitioner. Mr. V. M. Thomas, learned Govt. Advocate appears for the respondents.

(2.) THE petitioner, who served as a Lecturer of Sivasagar College, Joysagar for about 23 years and resigned from his post to join as a Reader of Dibrugarh University, is before this Court to challenge the order dated 5. 9. 2000 whereby his claim for gratuity for the service rendered as a Lecturer in the said govt. aided college was denied to the writ petitioner under the provisions of the "assam Aided Colleges (under deficit system) Employees Gratuity Rules, 1972 (hereinafter referred to the "gratuity Rules)".

(3.) IT is contended on behalf of the writ petitioner that under the Payment of Gratuity Act, 1972, no provision has been made for denial of gratuity to an employee who is otherwise eligible, on resignation tendered by such employee. By referring to the provisions of Gratuity Act, it is contended by Mr. Sahewalla that denial of gratuity to a Lecturer who has resigned from his service, notwithstanding 23 years of regular service rendered by him, would be arbitrary and such denial is not legally permissible.