- (1.) Heard Shri Nawal Kishore, learned counsel for petitioners and Shri D. K. Pathak, learned counsel for the respondents.
(2.) Petitioners are the retired officers of Punjab National Bank ,who have filed the instant writ petition for a direction to the respondent No.1, i.e., Secretary, Department of Service, Ministry of Finance and Managing Director, Punjab National Bank for amending the Bank Officers Service Regulations with regard to the payment of gratuity amount as per rules applicable to the Central Government employees. Inter alia, it has also been prayed that the Secretary, Ministry of Labour and Employment be directed to amend the date of effecting payment of gratuity (Amendment) Act, 2018 from 01.01.2016 instead of the present date of application, i.e., 29.03.2018.
(3.) According to the petitioner, they have superannuated from the Bank services in between 01.01.2016 to 28.03.2018 and at the time of superannuation they received gratuity amount as per option exercised by them for receiving the same as per the Officers Service Regulation and Payment of Gratuity Act. It has been submitted that prior to amendment dated 29.03.2018 in the Payment of Gratuity Act, the amount of gratuity was kept to Rs.10,00,000/-, therefore, a person, who superannuated in between 01.01.2016 to 28.03.2018 received gratuity maximum to Rs.10,00,000/-. After the amendment of Payment of Gratuity Act, the gratuity has been enhanced from Rs.10,00,000/- to Rs. 20,00,000/- w.e.f 29.3.2018 for Central Government Employees, which has caused disparity in payment of gratuity to Central Government Employees and other employees retired in between 01.01.2016 to 28.03.2018. Aggrieved by the cut off date mentioned in the amended notification, the petitioners represented their causes to the respondents and prayed for payment of increased amount of gratuity with the ceiling of Rs.20,00,000/- as per the Payment of Gratuity (Amendment) Act but as no action was taken, compelling the petitioners to file the present writ petition.;