CW 2302//08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2302/2008 Kesar Dev Gujar Versus State & Ors. Date of Order ::: 10/02/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Shiv C. Gupta, for petitioner Mr. Lokesh Sharma & Mr. NL Saini for respondent-2 Petitioner was initially appointed as Nakedar on 05/06/1960 and on attaining age of superannuation, retired on 31/08/1993; however, his grievance is that respondents have computed amount of gratuity without adding dearness allowance in his last drawn basic pay, which according to respondents is admissible only from 01/01/97. Counsel submits that issue raised in instant petition has been examined by this Court vide judgment dt.11/05/06 in CWP- 6974/2005 (Sanwarmal Sharma Vs. State & Ors), whereby it has been directed ad infra: “In my opinion, once the Act, 1972 provides dearness allowance as a part of wages to be computed for grant of gratuity, any provisions existing inconsistent to the Act, 1972 will not prevail over in terms of S.14 of the Act, 1972, as has been considered by this Court in Municipal Board, Ganganpur Vs. CW 2302//08 //2// Controlling Authority under Payment of Wages Act (1987 Lab.IC.575) which reads as under: - “In view of the wide definition of establishment the Municipalities fall within this definition and are covered by S.1(3)(b) of the Act. The gratuity act being a social legislation it should be given more extensive application.” “Further, S.14 over-rides the other Rules or act made on the subject. By virtue of these provisions, rules of 1969 will have no role to play, so far as they are inconsistent with the Act. Thus the payment of gratuity Act will cover the municipalities for the payment of gratuity and not the Rules of 1969. “ In view of what has been observed above, merely because amendment was made and given effect to from 01/01/97 much after retirement of petitioner that will not deprive him of his right conferred under Act of 1972.” However, this fact could not have been controverted that the petition relates to computation of amount of gratuity by adding dearness allowance to last drawn basic pay of petitioner w.e.f. 01/01/1997. As regards judgment (supra), it has not been disputed by respondents' Counsel about controversy being decided by this Court. CW 2302//08 //3// In the light of what has been observed (supra) in CWP-6974/2005, instant writ petition succeeds and is hereby allowed. Communication dt.03/01/2008 is hereby quashed and set aside. Respondents are directed to compute amount of gratuity payable to petitioner after taking note of dearness allowance also besides basic pay in terms of Payment of Gratuity Act, 1972; and after adjustment of amount already paid to him towards gratuity, balance amount be paid within two months. No costs. (Ajay Rastogi), J. K.Khatri/p3/ 2302CW08-MncpltyGrtutyDA-Fb10.doc