KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the grievance which is being raised by the petitioner is that he is entitled for the gratuity amount at the maximum ceiling of Rs.10 lacs instead of Rs.3.5 lacs, which has been made applicable upon the petitioner while calculating the pensionary benefits of the petitioner.

(2.) The facts as mentioned in the present writ petition are that petitioner retired on attaining the age of superannuation on 31.10.2007. On the said date, keeping in view the maximum ceiling of the gratuity as admissible under the Payment of Gratuity Act, 1972, the same was calculated and released to the petitioner.

(3.) Government of Punjab revised the pay and certain other benefits of the employees of the Government of Punjab vide a Notification dated 17.08.2009 (Annexure P-1). The said revision was to come into effect w.e.f. 01.01.2006. In the said revision, the Government of Punjab raised the maximum ceiling of gratuity to Rs.10 lacs w.e.f. 01.01.2006. Petitioner is claiming the benefit under the said Notification dated 17.08.2009 (Annexure P-1) issued by the Government of Punjab that gratuity admissible to the petitioner be calculated at the maximum ceiling of Rs.10 lacs instead of Rs.3.5 lacs. To claim the said benefit, petitioner is also placing reliance upon the judgment of this Court in CWP No. 15363 of 2011 titled as Nathu Ram and others Vs. State of Punjab and others, decided on 31.10.2014 (Annexure P-4), which is related to Markfed.