CHUNI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner by means of this writ petition has prayed that the respondents be directed to pay the revised gratuity at one go instead of in installments. The undisputed facts are that the petitioner, who was employed with respondent No. 2, H.P. State Forest Corporation, retired from service on 31.07.2008 from the post of Assistant Manager.

(2.) Revision of pay scales took place and these revised pay scales become applicable from 1.1.2006. The respondent-Corporation adopted the recommendations of the sixth pay commission in August, 2009 though w.e.f. 1.1.2006. On account of this revision of pay scales the gratuity of the petitioner had to be revised. The respondents has revised the gratuity of the petitioner in terms of the revised pay scales but has not released the entire amount to the petitioner. The stand of the respondent No. 2 Corporation is that instructions have been received from the State of Himachal Pradesh that the arrears of gratuity should be released in installments. Reference has been made to the letter dated 29th March, 2010 wherein the Principal Secretary (Finance) to the Government of Himachal Pradesh has directed all concerned including the Corporation to pay the arrears in installments.

(3.) In my view no such instructions could have been issued by the State Government in the present case. The H.P. State Forest Corporation is an autonomous body. The gratuity being paid to the petitioner is not similar to the gratuity paid to the employees of the Government who get pension, etc. This gratuity being paid to the petitioner is in terms of the Payment of Gratuity Act, 1972. Section 7 (3) of the Act reads as follows:-