ROSHAN LAL SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was appointed as a Clerk in the Board of Ayurvedic and Unani Systems of Medicines (hereinafter referred to as "the Board") on 16.10.1961. He was sent on deputation to the Punjab Nurses Registration Council (hereinafter referred to as "the Council") on 13.6.1977. Vide order dated 18.5.1981, Annexure P -4, the petitioner was absorbed by the Council . One of the terms of absorption was that "the Board of Ayurvedic and Unani Systems will pay gratuity at the rate admissible to the employee of the Ayurvedic Board with effect from the date of his appointment to 13.6.1977."

(2.) IN the year 1984, some dispute regarding the absorption of the petitioner and the payment of gratuity arose and the matter was referred to the Government of Punjab, Department of Health and Family Welfare. The order was issued by the Government of Punjab, Department of Health and Family Welfare to the Registrar of the Council on 27/30.4.1984. The letter reads as under : -

(3.) THERE were no statutory rules governing the conditions of service of the employees of the Council and Draft Rules were issued by it and were sent to the State Government for its approval. Rule 18 of the Draft Rules pertaining to the gratuity, which was framed by the Council, reads as under: -