IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6366 of 2010. Decided on: 1.6.2011. ----------------------------------------------------------------------------------------- Mal Ram … Petitioner. Versus State of H.P. and others. … Respondents. ---------------------------------------------------------------------------------------- Coram Hon’ble Mr. Justice Kurian Joseph, Chief Justice Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : Mr. R.D. Kaundal, Advocate vice Mr. A.K. Gupta, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr. J.K. Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petition is filed with the following prayers:- “i) That the respondents may be ordered to pay the amount of gratuity to the petitioner under the Payment of Gratuity Act, 1972 for the period he remained on daily wage basis with 9% interest, per annum, thereon. (ii) That the respondents may also be ordered to pay the amount of gratuity for the regular period also under the CCS (Pension) Rules. 2. According to the petitioner, the issue regarding entitlement for gratuity is covered by the decision of this Court in State of H.P. vs. Lashkri Ram in CWP No. 150 of 2004 and followed in many other cases. 3. Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. The petitioner submits that he would file appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for him to do so. In case the petitioner is similarly situated, he shall not be discriminated and the matter will be duly considered by the first respondent/competent authority in the light of 2 the judgments, referred to above and appropriate action in accordance with law, by disbursing the eligible benefits by way of gratuity, will be taken within another three months from the date of receipt of the representation alongwith a copy of this judgment and the copies of the judgments, referred to above by the petitioner concerned. 4. The Writ Petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. ( Justice V.K. Sharma), Judge. June 1, 2011. (cr/virender)