IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No. 14840 of 2011 Date of decision : August 16, 2011 Partap Singh ....Petitioner versus Food Corporation of India and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. V.K.Shukla, Advocate, for the petitioner L.N. Mittal, J. (Oral) Partap Singh has invoked the jurisdiction of this Court by filing instant civil writ petition under Article 226 of the Constitution of India. The petitioner retired from the service of Food Corporation of India (FCI) on 30.4.2009. In the writ petition, the petitioner has claimed two fold relief. The petitioner seeks direction to the respondents by way of writ of mandamus to fix the pay of the petitioner in revised Industrial Dearness Allowance (IDA) Pay Scales with effect from 1.1.2007 and also to give him revised enhanced gratuity amount of Rs 10 lacs. I have heard learned counsel for the petitioner and perused the case file. As regards enhanced amount of gratuity, the petitioner is not entitled to the same because the Payment of Gratuity (Amendment) Act, 2010 enhancing the gratuity amount from Rs 3,50,000/- to Rs 10 lacs came Civil Writ Petition No. 14840 of 2011 -2- into force with effect from 24.5.2010 i.e. long after the retirement of the petitioner. Consequently, the petitioner is not entitled to the said benefit. As regards revised pay scale, petitioner's legal notice Annexure P/4 has not yet been decided by the respondents. Learned counsel for the petitioner states that the petitioner would be satisfied if the respondents are directed to decide the demand notice Annexure P/4 within stipulated period. However, it needs to be clarified that in the demand notice also the petitioner has claimed both reliefs but he is not entitled to relief of enhanced gratuity amount and consequently the demand notice is to be decided only regarding revised pay scales. In view of the aforesaid limited prayer made by counsel for the petitioner but without going into merits of the claim of the petitioner regarding revised pay scale, the instant writ petition is disposed of by directing respondents to decide demand notice dated 25.5.2011, Annexure P/4 issued by the petitioner, in accordance with law, within three months of the date of receipt of certified copy of this order. The decision shall be regarding entitlement or otherwise of the petitioner to revised pay scale whereas the claim of the petitioner regarding enhanced gratuity amount stands rejected. If prayer of the petitioner for revised pay scale is not to be allowed, speaking reasoned order shall be passed for this purpose. Disposed of accordingly. ( L.N. Mittal ) August 16, 2011 Judge 'dalbir'