BALWANT SINGH SANDHU Vs. THE MUNICIPALITY, KAITHAL

JUDGEMENT

(1.) This petition has been filed for issue of a writ of mandamus directing the respondents to give the benefit of gratuity to the petitioner on the basis of length of service rendered by him.

(2.) Petitioner's case is that he had served as a municipal employee in the West Pakistan from 20.10.1940 to 7.10.1947. Thereafter, he was appointed as Octroi Superintendent in the Municipal Committee, Kaithal with effect from 17.10.1947. He served there upto March 13, 1968. The petitioner was retired from service on the basis of resolution passed by the Municipal Committee. The Municipal Committee adopted the scheme of gratuity as was applicable to the government employees. He applied for grant of gratuity but vide letter dated 30.5.1970 he was informed that the gratuity scheme has been withdrawn.

(3.) By placing reliance on various decisions of this Court, the petitioner has pleaded that he has a right to be paid gratuity and there is no legal justification for denial of the payment of gratuity by the Municipal Committee.