R.S. Mongia, J. - (1.) THE petitioner was appointed as a Clerk in the Board of Ayurvedic and Unani Systems of Medicines (hereinafter referred to as "the Board") on 16.10.1961. He was sent on deputation to the Punjab Nurses Registration Council (hereinafter referred to as "the Council") on 13.6.1977. Vide order dated 18.5.1981, Annexure P -4, the petitioner was absorbed by the Council . One of the terms of absorption was that "the Board of Ayurvedic and Unani Systems will pay gratuity at the rate admissible to the employee of the Ayurvedic Board with effect from the date of his appointment to 13.6.1977."
(2.) IN the year 1984, some dispute regarding the absorption of the petitioner and the payment of gratuity arose and the matter was referred to the Government of Punjab, Department of Health and Family Welfare. The order was issued by the Government of Punjab, Department of Health and Family Welfare to the Registrar of the Council on 27/30.4.1984. The letter reads as under : - "Sub : Permanent absorption of Sh. Roshan Lal Sh arm a, Superintendent in the office of the Punjab Nurses Registration Council -Payment of the gratuity etc, thereof. Reference your letter No. PNRC/84/823, dated 5th April, 1984, on the subject cited above. 2. Govt. observe that Sh. Roshan Lal Sharma was taken on deputation for a period of two years by Punjab Nurses Registration Council. His permanent absorption in the PNRC without the prior consent of the Board of Ayurvedic and Unani System of Medicine, Punjab was not regular, particularly when he was borne on the strength of Ayurvedic Board. However, as the Board of Ayurvedic and Unani System of Medicines, Punjab has now agreed to the absorption of the official in the Punjab Nurses Registration Council, the benefit of gratuity etc. will be paid to him by the PNRC if he retired from this organisation." It may be observed here that the Board, vide communication dated 9.3.1984 addressed to the Registrar of the Council had stated that in fact prior approval regarding the absorption of the petitioner should have been taken from the Board. Be that as it may, they had no objection to the petitioner's absorption but the Board will not be responsible regarding the payment of leave, salary, gratuity etc. It seems that it was on the basis of this letter that communication dated 27/30.4.1984 from the Government was addressed to the Registrar of the Council which has already been reproduced above.
(3.) THERE were no statutory rules governing the conditions of service of the employees of the Council and Draft Rules were issued by it and were sent to the State Government for its approval. Rule 18 of the Draft Rules pertaining to the gratuity, which was framed by the Council, reads as under: - "Every employee shall be entitled to gratuity equal to one month's salary last drawn by him at the time of retirement for each completed year of his total service under the Council or other similar department.";