VICTOR DAVID Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) THIS is an appeal by the plaintiff from the appellate judgment and decree by the District Judge, Ajmer dated 29-10-1966, whereby the learned Judge upheld the decree of dismissal of the plaintiff's suit for recovery of Rs. 2,100 on account of alleged wrongful reduction of 50 per cent of his death-cum-retirement gratuity.

(2.) THE plaintiff, after completing 30 years of service with the Western Railway retired on 12-7-1960 on attaining superannuation. His case is that he was entitled to full death-cum-retirement gratuity equal to 15 months' pay, he was last drawing, i. e. , Rs. 280 per month. Thus according to the plaintiff he was entitled to get Rs. 4,200 as deathcum-retirement gratuity but the Divisional Personnel Officer by his letter dated 24-3-1962 marked Ex. A4 informed him that only 50 per cent of death-cum-retirement gratuity had been sanctioned for him. Admittedly the plaintiff has been paid Rs. 2,100 being 50 per cent of the death-cum-retirement gratuity and since 50 per cent, i. e. , Rs. 2,100 was withheld he filed the present suit after serving the statutory notice.

(3.) THE Union of India resisted the plaintiff's claim and pleaded inter alia that the death-cum-retirement gratuity was in the nature of a gift and that in any case 50 per cent of the same had been rightly withheld