IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 6185 of 2008. Decided on: 11.11.2010. __________________________________________________ Ram Partap … Petitioner. Versus The HPSEB and anr. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioners : Mr. R.D. Kaundal vice Mr. A.K. Gupta, Advocate. For the respondents : Mrs. Anjula Khajuria, Advocate. ___________________________________________________________ Justice Kurian Joseph, C.J. (Oral). The writ petition is filed with the following prayer:- “That the respondents may be ordered to given the gratuity to the applicant as per the Payment of Gratuity Act, 1972 on the last wages drawn by him on 15 days average pay (that the applicant was drawing around Rs. 3000/- as emoluments lastly on the date of his retirement) multiplied by the total number of years.” 2. In preliminary submissions of the reply, it is stated as follows:- “The replying respondents submit with utmost respect that the applicant herein was initially engaged as daily rated beldar on and w.e.f. 26.10.79 and worked as such upto 6.7.94 with certain interruptions/breaks. Thereafter the services of the applicant herein were regularised as T/Mate and the applicant herein joined as T/Mate regular on 7.7.1994 under Electrical Division, HPSEB, Nalagarh. The applicant herein 2 retired from the services of the respondents Board on superannuated on 31.8.97. The applicant herein thus rendered 3 years, 1 month and 25 days regular service with replying respondents. It is respectful submission of the replying respondents that under CCS (Pension) Rules a person become eligible for the grant of gratuity on putting in 5 years regular service. Since in the instant matter the applicant herein has only rendered 3 years 1 month and 25 days regular service with the replying respondents, therefore, the applicant herein is not eligible for the retirement/death Gratuity under the CCS (Pen) Rules, 1972. the action of the replying respondents is perfectly legal, intra-vires, bonafides and consequently the application is not maintainable and deserves only dismissal.” 3. In case, the petitioner has still any dispute with regard to the factual and legal position, as stated above, it will be open to him to work out his relief before an appropriate Forum. It will also be open to the petitioner to approach the first respondent, in which case, the matter will be duly considered by the first respondent and appropriate action in the matter will be taken in accordance with law within a period of three months. 4. With the above observations, the writ petition stands disposed of, so also the pending application (s), if any. Copy dasti. (Justice Kurian Joseph) Chief Justice. (Justice V.K. Sharma) November 11, 2010 Judge. (cr/pankaj)