IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 5510 of 2008. Decided on: 10.08.2010. __________________________________________________________ Ashwani Sharma. … Petitioner. Versus The Himachal Pradesh State Electricity Board and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. Ranjan Sharma, Advocate. For the Respondents : Mr. Vinod Thakur, Advocate. Rajiv Sharma, J. (Oral): The petitioner has been paid a sum of Rs.15,000/- towards gratuity by treating him temporary employee under the Central Civil Services (Temporary Service) Rules, 1965. However, the respondents while determining the gratuity of the petitioner have not taken into consideration the instruction No.(ii) issued by the Government of India, appended under Rule 2 of the Central Civil Services (Pension) Rules, 1972 whereby there is no distinction between the permanent and temporary employees. 2. Accordingly, the petition is disposed with a direction to the respondents to consider the case of the petitioner for payment of gratuity as per instruction No.(ii) appended to Rule 2 dated 28th March, 1988 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - read with Rule 8 of the Central Civil Services (Pension) Rules as amended from time to time, within a period of ten weeks after the production of certified copy of this judgment. In the eventuality the case of the petitioner being considered favourably on the basis of observations made hereinabove, the petitioner shall be held entitled to the interest at the rate of 7% per annum. There will be no order as to costs. (Rajiv Sharma), Judge. August 10, 2010. (sck).