MADAN PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents to pay pension to the petitioner w.e.f. 1/2/1998 by assessing the same @ 50% of his last drawn basic pay with applicable dearness allowance as well as gratuity amount assessed on full length of service i.e. 33 years 5 months and 13 days along with compound interest @ 18% on the arrears from the date it became due in terms with applicable rules.

(2.) Learned counsel for the petitioner submits that the petitioner was originally an employee of Central Government working under the Coal Mines Labour Welfare Organization (in short "CMLWO") from 18/8/1964 to 30/9/1986 and after merger of CMLWO in Coal India Limited (CIL) on 1/10/1986, he became the employee of M/s Bharat Coking Coal Limited (BCCL). The petitioner while working as Executive Engineer (Civil) in the office of General Manager, Western Jharia Area, Moonidih, Dhanbad superannuated on 31/1/1998 after attaining the age of 58 years. The petitioner was paid gratuity amounting to Rs.23,100.00 by CMLWO, Ministry of Coal, Government of India for the period of service rendered by him from 18/8/1986 to 30/9/1986 whereas he was paid gratuity amounting to Rs.64,147.00 by the BCCL for the period of service rendered by him from 1/10/1986 to 31/1/1998 (total Rs.87,247.00) which was received by him under protest.

(3.) It is also submitted that vide office memorandum dtd. 25/9/1989 issued by the General Manager (P), CIL, Calcutta, the maximum ceiling limit of gratuity was fixed as Rs.1,00,000.00 which was subsequently revised vide office memorandum dtd. 21/10/1997 issued by the Director (P&IR), CIL, Calcutta providing maximum ceiling limit of gratuity from Rs.1,00,000.00 to Rs.2,50,000.00 to executive cadre employees of CIL and its subsidiary companies. Thus, the petitioner is also entitled to be paid the gratuity amount of Rs.2,50,000.00.