FULIYA DEVI Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsels appearing for the State as well as the Accountant General, Bihar, Patna.

(2.) Petitioner claims gratuity and other admissible retiral dues of her deceased husband, who worked as a Constable in Bihar Military Police 2, Dehri. On his absenting from duty he was dismissed from service which was upheld by the appellate forum and in the memorial, so filed by the late employee.

(3.) The petitioner's husband died on 1/11/2015. Before his death he had filed an application for payment of his GPF, GIC and gratuity. By order, dtd. 30/3/2010, as contained in Annexure 6, issued by the Commandant, Bihar Military Police 2, Dehri, the petitioner's husband has already been granted GPF and GIC, but, it has been stated in the said order, as contained in Annexure 6, that a dismissed employee is not entitled to gratuity. Petitioner has relied on the Payment of Gratuity Act, 1972, specifically Sec. 4, sub sec. (6), stating therein that gratuity of an employee even after termination is payable, if he has rendered continuous service not less than five years and only under Clauses (a), (b), (i)(ii) of sub sec. 6 of Sec. 4 of the Payment of Gratuity Act, 1972, that gratuity can be withheld or forfeited, but, the petitioner's husband was dismissed on the ground of absenting from duty for a long time without information to the higher officials and does not come under any of the clauses of sub sec. (6) of Sec. 4 of the Payment of Gratuity Act, 1972.