HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No. 15622 of 2010 ORDER: The petitioner served as a Conductor in the A.P.S.R.T.C. He retired from service in the year 2001. However, there was some dispute with regard to payment of Gratuity to him. Initially, the Gratuity for the period between 1974-1985 was denied to him on the ground that he was out of service on being removed. He filed W.P. No. 2564 of 2007. This Court allowed the writ petition through order dated 11.6.2007 and directed that the Gratuity be paid for that period also, while following the judgment of this Court in M. Rama Rao vs. Assistant Traffic Manager, A.P.S.R.T.C., Hyderabad & others([1]). Thereafter, the respondents denied to him the Gratuity for five spells, during which he remained under suspension at various points of time. Petitioner feels aggrieved by the same. Heard the petitioner, who appeared in person. Though the learned Standing Counsel was directed to produce the relevant record to verify as to whether there were any breaks in service, he has expressed his inability to produce the same. When the respondents denied the petitioner Gratuity for the period during which he was out of service, this Court directed that the said period shall be counted for the purpose of Gratuity. Denial of Gratuity for the period during which he was under suspension cannot be sustained. When the period during which the petitioner remained out of service was directed to be treated as valid for payment of Gratuity, the question of refusing the same for the period during which he was out of service does not arise. Further, the suspension merges into the final order and it does not have an independent existence. At any rate, there must be specific order, which brought about a clear break in service for the period during which an employee was under suspension. None of such contingencies exist in this case. Hence, the respondents are directed to pay Gratuity for the entire length of service without any deduction, within a period of six weeks. The writ petition is accordingly allowed. No costs. _______________________ L. NARASIMHA REDDY,J DATE: 22nd November, 2010 pnb [1] 1998(3) ALD 76