DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was employed as Lecturer in Government College, Malerkotla (respondent No.4) on contract basis on 08.09.1992. Thereafter, he served either in Government College, Sangrur or Government College, Malerkotla till 13.03.1999 with notional breaks as is evident from the chart given under paragraph 2 of the written statement filed on behalf of respondents No.1 to 3. From 04.09.2000 till 16.06.2020, he has been in continuous employment without break. On 16.06.2020, the petitioner attained the age of 58 years i.e. age of superannuation and in anticipation of the same, he approached this Court vide CWP No.8028 of 2020 for directions to the respondents to allow him to continue in service till 30.09.2020 in accordance with the extension policy dated 02.03.2020. The writ petition was disposed of vide order dated 11.06.2020 with a direction to 3 rd respondent therein to consider his pending representation in the light of extension policy dated 02.03.2020. Thereafter, the 3rd respondent passed order dated 15.06.2020 rejecting the claim for extension of service on the ground that the extension policy is not applicable to employees appointed on contract basis. The Principal of respondent No.4 passed order dated 23.06.2020 relieving him from service as he had attained the age of superannuation on 16.06.2020.

(2.) In this writ petition, the petitioner has claimed payment of retiral dues. However, at the time of argument, learned counsel for the petitioner has confined his claim to payment of gratuity. On the basis of the provisions of the Payment of Gratuity Act, 1972 it has been argued that the petitioner is entitled for payment of gratuity as he has been in continuous service in excess of 05 years and gratuity is payable to him in terms of Section 4 of the Act.

(3.) In response, learned State counsel submits that being a contractual employee, the petitioner is not entitled to the benefit of payment of gratuity.