KAPIL DEO SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition has been filed for a direction upon the respondent-JSHB, Ranchi for payment of enhanced gratuity to the petitioner since he is entitled for the same in view of the recommendation of the 6th Pay Revision Committee.

(2.) The brief facts of the case of the petitioner is that while he was working as Junior Engineer-cum-Incharge Assistant Engineer, Hazaribagh Sub-Division, he, after completion of 60 years' of his age, has superannuated from service on 31.10.2010. Thereafter, he has applied for disbursement for his post-retiral dues including the gratuity. The petitioner was paid the amount to the tune of Rs.3,50,000/- as gratuity, under the gratuity head in view of the provision of Section 4(3) of the Payment of Gratuity Act, 1972. The grievance of the petitioner is that the Central Government, vide Office Memorandum dated 02.09.2008 enhanced the rate of gratuity amount from Rs.3,50,000/- to Rs.10,00,000/- and as such the same is applicable to him also.

(3.) Section 4 contains a provisions for payment of Gratuity, which shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years i.e.