1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.340 of 2006 (S/B) Dr. R.S. Verma …Petitioner Versus State of Uttaranchal & others ...Respondents Ms. Menka Tripathi, Advocate for the petitioner Mr. Vinay Kumar, Standing Counsel for State/respondent Nos. 1 and 3 Mrs. Beena Pandey, Standing Counsel for the State of U.P./respondent Nos. 2, 4 and 5 Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. Dated of Decision: 22.12.2010 Barin Ghosh, C.J. (Oral) The college, in which the petitioner was working, was taken over by the Government. At that stage the petitioner did not opt to become a Government employee. He continued to retain the status, as was prevalent prior thereto. In terms thereof , he could work up to the age of 60 years. Petitioner worked till the age of 60 years and then retired. After he retired, he was not paid gratuity. Though the petitioner was retired sometime in 1993, the present writ petition was filed in 2006. Be that as it may, it has been stated by the Government in its counter affidavit that in terms of the Government Order dated 30th March, 1983, if the petitioner had retired at the age of 58 years, he would have had the benefit of gratuity. Inasmuch as, the petitioner retired at the age of 60 years, in terms of the Government order dated 30th March, 1983, petitioner was not entitled to gratuity. As it appears from the Government Order dated 30th March, 1983, an employee of an aided college was entitled to serve up to the age of 60 years and if he had served up to the age of 58 years, was entitled to the benefit of gratuity. However, if he had opted to serve up to the age of 60 years, in terms of the said Government Order, he was not entitled to gratuity. 2. When the college in question was taken over by the Government, the petitioner did not opt to become a Government employee, inasmuch as, if he had opted to become a Government employee, he, in accordance with the rules applicable, would have had to 2 retire at the age of 58 years. Subsequently, he opted to work till the age of 60 years. While he did opt to work till be age of 60 years and was permitted to work till the age of 60 years, the Government Order dated 30th March, 1983 stood applicable to the petitioner and he became disentitled to gratuity. That being the situation, there is nothing to be done in this writ petition, the same is dismissed. (V.K.Bist, J.) (Barin Ghosh, C.J.) 22.12.2010 Aswal/Promod