Kuldip Singh, J. - (1.) Petitioner Paras Ram Sharma, who retired from service as Regional Seed Certification Officer on 31.7.2007, had joined the office of respondent No. 2-Punjab State Seed Certification Authority (in short 'respondent-Authority) as a Seed Assistant on 14.6.1976. In the present writ petition, the petitioner seeks quashing of letter dated 7.11.2012 (Annexure- P-8) and letter dated 28.3.2013 (Annexure-P-9), declining him the enhanced gratuity of Rs. 10,00,000/-, as per the policy dated 17.8.2009 (Annexure-P- 4) of Punjab Government and another policy dated 13.8.2010 (Annexure- P-6) of Punjab Government. The petitioner seeks the following payments to be released:- (i) Release of enhanced amount of gratuity, as per abovenoted Punjab Government policy ; (ii) Re-fixation of pay after grating Assured Career Progression Scheme (in short 'ACP Scheme') on completion of 24 years of service along with arrears of pay and enhanced gratuity ; and (iii) The arrears of gratuity of Rs. 1,24,605/-, paid less to the petitioner against the statutory gratuity of Rs. 3,50,000/-.
(2.) The petitioner claims that he is governed by the Punjab State Seed Certification Authority Service Regulations (hereafter referred to as 'the Regulations'). Under Regulation 22 of the said Regulations, the gratuity is to be paid under the Payment of Gratuity Act, 1972 (hereinafter referred to as the ' Act of 1972'). The case of the petitioner is that under Section 4(5) of the Act of 1972, it is provided that nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer. According to the petitioner, the Punjab Government, vide circular dated 17.8.2009, while implementing the recommendations of 5th Pay Commission, enhanced the gratuity from Rs. 3,50,000 to Rs. 10,00,000/- with effect from 1.1.2006. It is further stated on behalf of the petitioner that he has not been granted the benefit of ACP Scheme on completion of 24 years of service in a cadre. The Punjab Government had extended the benefit of ACP Scheme to its employees on completion of 8/16/24/32 years of service, vide notification dated 25.9.1998. The petitioner completed 24 years of service in the cadre of Regional Seed Certification Officer on 21.1.2006 with unblemished service record. Therefore, the denial of the said ACP is also illegal. It is further claimed that as per stand of respondent, the gratuity of Rs. 3,50,000/- was payable. He has only been paid Rs. 2,24,887/- on 26.8.2008 and the remaining amount of Rs. 1,24,605/- was withheld without issuing any show cause notice.
(3.) The stand of the respondent-Authority is that the respondent- Authority is a Society, registered under the Societies Act, 1860, by the Registrar of Firms and Societies, Punjab, on 15.3.1976. The certificate of Registration of Firms and Societies, Punjab is Annexure-R-2/1. The Central Seed Certification Board (in short 'the Board') has framed the regulations. It is further stated that since the gratuity is to be paid under the Payment of Gratuity Act of 1972, therefore, the respondent followed the said Act. The Central Government, vide notification dated 24.5.2010, enhanced the limit of gratuity from Rs. 3,50,000/- to Rs. 10,00,000/- with effect from 24.5.2010 by making amendment in the Payment of Gratuity Act, 1972. The Punjab Government also enhanced the payment of gratuity from Rs. 3,50,000/- to Rs. 10,00,000/- to its employees with effect from 1.1.2006. The pension rules of Punjab Government are not applicable in the case of respondent-Authority. Since the petitioner retired prior to 24.5.2010, therefore, he is not entitled to enhanced gratuity. It was admitted that respondent-Authority has adopted the pay scales of Punjab Government for its employees. Regarding the ACP Scheme on completion of 24 years of service, it is stated that the petitioner has already been granted the benefit of 8/18 years of service, as per the policy of the respondent- Authority. He is not entitled to get benefit of service of 24 years as he has not completed 24 years of service in a cadre in any capacity. It was stated that the respondent-Authority has adopted the pay scales of the Punjab Government with effect from 1.1.2006. In the year 2012, the pay of the petitioner was again re-fixed and the respondent-Authority released the difference of payment of gratuity and other benefits to the petitioner immediately thereafter.;