PRAKASH CHANDRA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE three special appeals arise out of a common judgment and raise identical questions and hence, they are being disposed of by a Common Judgment.

(2.) FOR the purpose of deciding these appeals, it would be apposite to narrate the facts of D. B. Civil Special Appeal No. 852 of 2001.

(3.) PETITIONER Prakash Chandra Sharma was appointed on 1. 8. 69 on the post of Upper Division Clerk in Urban Improvement Trust, Jodhpur. He was superannuated on 31. 7. 99 from the post of Stores Officer. After his superannuation, though he has been granted pension and other retiral benefits but he has not been paid the Gratuity. According to the petitioner, the State of Rajasthan vide its'order (Annex. 3) dated 25. 7. 72 made Raj. Municipalities (Contributory Provident Fund and Gratuity) Rules, 1963 applicable to the employees of Urban Improvement Trust of the State. Rule 11 of the Rules provides payment of Gratuity and it specifically provides that gratuity shall be granted to those employees who have completed 5 years of service. The rates at which Gratuity is payable has also been mentioned in the Rules. However, the petitioners have not been paid Gratuity after their retirement inspite of demands having been made.