1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.1838/2000 Management Committee, Virja Nand Sr. Secondary School through its Secretary & Anr. vs. Shri Chandra Prakash Gupta & Ors. Date of order : 11/7/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sandeep Saxena for the petitioner. Ms. Sanjana Shresth for the respondents. Smt. Parinitoo Jain, Dy. Govt. Counsel for State. ****** This writ petition has been filed by the petitioner seeking direction to the respondents to pay proportionate amount of gratuity to the petitioner. Smt. Parinitoo Jain, learned Deputy Government Advocate opposed the writ petition and relied on the judgement of Supreme Court in Rajasthan Welfare Society vs. State of Rajasthan-2005 (3) Supreme 227 wherein the Supreme Court held that gratuity within the meaning of the Act and the Rules aforesaid cannot form part of the recurring grant as it is not includable as part of the approved expenditure for the purpose of computing the amount of grant-in-aid. It was 2 held that the decision of Government of Rajasthan to provide grant-in-aid on the amount of gratuity, therefore, cannot be held to be illegal. However, the Hon'ble Supreme Court gave the liberty to the appellant before it to make a representation to the State Government with the observation that the same shall be considered, on the question of gratuity amount payable to the employees, sympathetically by the State Government for the purpose of issuing the amount of grant in aid and further observed that such representation shall be sympathetically considered by the State Government. In view of the above, the present writ petition is dismissed. However, with liberty to the petitioner to make a representation to the State Government in terms of the observations made by the Hon'ble Supreme Court in para 16 of its judgement in the case of Rajasthan Welfare Society, supra. (MOHAMMAD RAFIQ), J. RS/