(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. Rakesh R. Patel, learned Assistant Government Pleader appearing for the appellant and Mr. Prabhakar Upadhyay appearing for the respondent.
2. This Letters Patent Appeal has been filed challenging the order dated 18.8.2011 passed by the learned Single Judge in Special Civil Application No.7826 of 2011 whereby the writ petition filed by the appellant came to be dismissed.
3. The facts of the case are that the respondent was serving in the Government Printing Press from 15.7.1968. The respondent retired on 31.12.2002. Since Gratuity was not paid to him, the respondent filed an application under the Payment of Gratuity Act, 1972 which has been allowed by the Controlling Authority by order dated 30.3.2010. The appeal filed by the appellant against the said order has been dismissed on 24.11.2010. Both the orders passed by the Controlling Authority as well as by the Appellate Authority were challenged before the learned Single Judge in the writ petition. The learned Single Judge has found that the respondent was entitled for the payment of Gratuity and dismissed the writ petition.
4. Learned Assistant Government Pleader has urged that the respondent is holding civil post and, therefore, he is not entitled for Gratuity. But learned Assistant Government Pleader could not point out any Rule or Regulation of the Government either of the State or the Central Government which is applicable to the respondent for the purpose of payment of gratuity to the respondent.
5. In absence of any Rule framed by the State Government or the Central Government for payment of Gratuity to the respondent, the provisions of Payment of Gratuity Act apply and the respondent was entitled for Gratuity.
6. We do not find any illegality in the order passed by the learned Single Judge or in the orders passed by the authorities below. This Letters Patent Appeal fails and is accordingly dismissed.
Sd/-
[V. M. SAHAI, J.] Sd/-
[G. B. SHAH, J.] Savariya