L.N.Mittal - (1.) PARTAP Singh, petitioner has filed this review application for review/modification of order dated 16.8.2011 (Annexure A-1) whereby CWP No.14840 of 2011 filed by the applicant ? petitioner was disposed of. In the writ petition, the applicant - petitioner sought fixation of his pay in revised Industrial Dearness Allowance (IDA) pay scales w.e.f. 1.1.2007 and to give consequent pay arrears and to release revised gratuity at enhanced rate in view of the circular dated 28.5.2010, with interest. As regards revised pay scales, the writ petition was disposed of by directing the respondents to decide, in accordance with law, demand notice dated 25.5.2011 (Annexure P-4). Consequently revised pay of the applicant ? petitioner has been fixed by the respondents.
(2.) PRAYER of the petitioner in the writ petition for enhanced gratuity was rejected by making following observations:- "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 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." Applicant-petitioner has filed this review petition for review/modification of the aforesaid order regarding rejection of petitioner's claim to enhanced gratuity of Rs.10 lacs instead of Rs.3.50 lacs. I have heard learned counsel for the parties and perused the case file. Counsel for the applicant ? petitioner contended that vide circular dated 18.9.2009 (Annexure A-3) revised pay scales have been made applicable w.e.f. 1.1.2007 and by the same circular, gratuity amount has been enhanced from Rs.3.50 lacs to Rs.10 lacs and consequently enhanced gratuity became applicable w.e.f. 1.1.2007 while the petitioner was in service, whereas the petitioner retired on 30.4.2009 and therefore, applicant ? petitioner is entitled to enhanced gratuity of Rs.10 lacs. It was also contended that even respondent No.1 ? Food Corporation of India (in short 'FCI') vide letter dated 4.12.2011 (Annexure A-7) advised the applicant ? petitioner to seek modification/review of order dated 16.8.2011 (Annexure A-1) to enable the FCI to consider the claim of the applicant ? petitioner for enhanced gratuity amount.
(3.) COUNSEL for the non-applicant ? respondents does not controvert the aforesaid factual position.;