1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Bakhta Ram Vs. State Farm Corporation of India Ltd. & Ors S.B.Civil Writ Petition No. 6519/2006 ......... Date of Order : 15/09/2008 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. K.S.Yadav for the petitioner. Mr. Sanjeev Johari for the respondents. BY THE COURT The only grievance of the petitioner is that he has been paid the various emoluments under the Voluntary Retirement Scheme (for short “the VRS” hereinaftger) but the amounts have been calculated under various heads w.e.f. 01.03.1973 the date on which the petitioner was regularised as Mate (Agriculture), whereas the petitioner was initially engaged 2 w.e.f. 26.09.1969 and therefore, the petitioner claims the difference of amount of gratuity and ex-gratia payment. Learned counsel for the petitioner has relied on a decision of this Court in Hakam Ali Vs. State Farm Corporation of India Ltd. and Another S.B.Civil Writ Petition No. 3005/2002 decided on 04.08.2008. Learned counsel further submits that the petitioner submitted a detailed representation claiming various amounts under the VRS vide Annex.7 and in pursuance thereof, by order Annex.8, payment has been made to the petitioner under various heads but there is discrepancy in making payment so far as gratuity and ex-gratia payment is concerned, under both these heads the payment has been made calculating the period w.e.f. 01.03.1973 instead of 26.09.1969 and therefore, the counsel for the petitioner submits that the petitioner is entitled for the difference of amount on the proper calculation. Keeping in view the decision of this Court in Hakam Ali Vs. State Farm Corporation of India Ltd. and Another and the fact that the petitioner was initially engaged may be on daily wages basis w.e.f. 26.09.1969, the period for calculation of the gratuity and ex-gratia payment have to be counted from that date i.e. 26.09.1969. In this view of the matter, the petitioner is entitled for the difference of the amount. Consequently, the respondents are directed to re- calculate the amount of gratuity and ex-gratia payment w.e.f. 3 26.09.1969 instead of 01.3.1973 and pay the difference arising out of such calculation to the petitioner within three months from today. The writ petition stands allowed to the extent above. No order as to costs. (H.R.PANWAR), J. rp