Mohammad Rafiq, J. - (1.) None has appeared on behalf of Petitioner even in second round, however, matter was considered finally on the basis of pleadings of Petitioner and arguments of counsel for Respondents.
(2.) Dispute lies in narrow compass; Petitioner is claiming payment of gratuity in sum of Rs. 50,000/ - whereas Respondents have paid him Rs. 39,873/ -. According to Petitioner gratuity should be computed on basis of basic salary at rate of Rs. 3000/ - prevalent in 1998 whereas Respondents are disputing his claim contending that Petitioner retired from service on attaining age of superannuation on 30.06.1992; they have already paid to him a sum of Rs. 37,723/ - and only difference of amount of Rs. 2062/ - is payable. Other contention raised in this petition is that a judgment was rendered by Single Bench of this Court at Principal Seat, Jodhpur, in Writ Petition No. 3242/1993 - Ramkishan Vyas v/s. Rajasthan Agricultural University, decided on 09.03.1995, wherein Respondents were directed to compute gratuity by including dearness allowance and other allowances. Respondents filed Special Appeal (Writ) No. 572/1995, which was dismissed vide judgment dated 12.09.1995; there -against Respondents filed Special Leave Petition, which too was dismissed by Supreme Court.
(3.) Respondents have not denied this plea specifically set up by Petitioner that said judgment dated 09.03.1995 thus attained finality and is binding on Respondents.;