- (1.) The erstwhile U.P. State Electricity Board vide its boards meeting dated 26th December, 1963 passed a resolution for adopting the U.P. Government Rules and Regulation regarding Classification and Control Rules, Government Servant Conduct Rules, T.A. Rules, Medical Attendance Rules and Pensionary Rules as amended from time to time. Pursuant to the said resolution, the U.P. State Electricity Board adopted the U.P. Retirement Benefits Rules, 1961 read with U.P. New Family Pension Scheme, 1965. Under the Pension Rules, a composite scheme was provided for payment of GPF, gratuity and pension, which according to the petitioner gave better benefits than the Central Provident Fund Scheme and gratuity payable under different gratuity schemes. In 1972, the Payment of Gratuity Act came into existence, and under the said Act, it became obligatory on the employers to pay gratuity. Accordingly, an office memorandum dated 3rd April, 1976 and 5th May, 1976 was issued directing its employees to either opt for the pension Rules under the U.P. Retirement Benefit Rules, 1961 or for payment of gratuity under the Act of 1972. It was clarified that if the employee opts for the benefit under the Payment of Gratuity Act, 1972, he would not be entitled to pensionary benefits as provided under the U.P. Retirement Benefit Rules, 1961. Based on the aforesaid office memorandum, a further office memorandum was issued on 17th February, 1982 and 21st June, 1983 directing the employees to give the option either to opt for the U.P. Retirement Benefits Rules, 1961 read with U.P. New Family Pension Scheme, 1965 or opt for the benefits of gratuity payable under the Payment of Gratuity Act. Subsequently, an office memorandum dated 19th September, 1984 was issued clarifying its earlier office memorandums indicating therein that employees of the U.P. State Electricity Board, were no longer required to submit their option for being allowed benefits admissible under the U.P. Retirement Benefit Rules, 1961 and the New Family Pension Scheme, 1965.
(2.) It transpires that pursuant to the office memorandum dated 17th February, 1982, the workman in question, gave an option to take the benefits under the U.P. Retirement Benefit Rules, 1961. The workman retired on 30th September, 1994 and received GPF and gratuity amounting to Rs.5,91,121/-, which he received without any protest and also started receiving pension under the said Rules.
(3.) After 9 long years, the workman filed an application under the Payment of Gratuity Act before the Controlling Authority praying that he is entitled for gratuity under the said Act. The petitioner's objected saying that since a composite scheme had been framed by the Government of Uttar Pradesh, which had been adopted by the U.P. State Electricity Board, which the workmen had opted, it was no longer permissible for the workmen to claim gratuity under the Act. The Controlling Authority, after considering the matter, passed an order dated 7th August, 2010 directing the petitioner to pay the difference of the gratuity amount along with interest at the rate of 6% per annum. The petitioner, being aggrieved, filed an appeal, which also met the same fate. The petitioner has now filed the present writ petition.;