SENIOR SUPERINTENDENT OF POST OFFICES Vs. DARSHAN RAM

JUDGEMENT

(1.) Five Letters Patent Appeals bearing Nos.406, 407, 408, 618 and 619 of 2009 arising out of adjudication of Civil Writ Petitions bearing Nos.3450, 3452, 3449 (decided on 4.3.2009), 5290 and 5291 of 2009 (decided on 1.4.2009) respectively by the learned Single Judge for adjudication are being taken up together as these are inter-connected.

(2.) The only issue to be adjudicated in these appeals is as to whether Extra Departmental staff of the Post Offices earlier governed by the Posts and Telegraphs Extra Departmental Agents (Conduct and Service) Rules, 1964 (for short, the Rules of 1964) and now governed by the Gramin Dak Sevak (Conduct and Employment) Rules, 2001 (for short, the Rules of 2001) is covered under the Payment of Gratuity Act, 1972 (hereinafter called the Gratuity Act) and thus, is entitled for payment of gratuity under the Gratuity Act by the employer?

(3.) Private respondents in these appeals having superannuated from their respective posts (which they were manning), were paid ex-gratia gratuity @ half month's basic allowance as drawn by them immediately before laying down their offices for each completed year of service, subject to a maximum of Rs.18,000/- or 161/2 months basic allowance last drawn, whichever is less. In addition to payment of this ex-gratia gratuity, a severance allowance with a maximum limit of Rs.30,000/- was also paid.