- (1.) The petitioner was initially appointed as staff nurse in Medical and Health Department on 5.11.66 and was confirmed on the post w.e.f. 6.9.69 vide order dated 28.5.70. The petitioner had resigned and her resignation was accepted w.e.f. 1.11.80. At the time of resignation, the petitioner was having 140 days Privilage Leave and 194 Half Pay Leave in her credit (as per written statement). Even though the petitioner states that she had 275 days Half Pay Leave. Even though the petitioner states that there was no provision for giving 3 months notice or to deposit the salary of three months at the time of resignation, but she was compelled to deposit the pay of three months. Her request to adjust the amount towards the amount of P.L. or leave due was not agreed to. Vide annexure-8 the petitioner applied for payment of the amount of Privilege leave and Half Pay Leave, Rs. 40/- per month for officiating higher post of Sister, Provident Fund and other allowances. She was informed vide order dated 23.9.82 (ann.10) that she is not entitled to any encashment of leave, gratuity etc. and there was no question of any allowance of officiating any higher post as she was not ordered to officiate any post.
(2.) In the written statement filed by respondent without mentioning the period of officiating any post, it has been admitted in para No. 4 that she had temporarily worked on the post of Sister i.e. higher post, even though order dated 23.10.76 has been denied. The respondents have stated that gratuity, leave encashment and other retiral benefits are made applicable only to those Govt. servants who retires or superannuate from the service.
(3.) Rule 257(1) of Rajasthan Service Rules, 1951 provides as under: "A Government servant who has completed five years qualifying service may be granted an additional gratuity not exceeding the amount specified in sub paragraph (3), when he retired from service and is eligible for a gratuity or pension section I." Sub para (3) provides as under : (3)(i) The amount of gratuity will be nine-twentieth of the "emoluments" of a Government servant for each completed year of qualifying service subject to a maximum of 15 times time "emoluments". In the event of the death of a Government servant while in service, the gratuity will be subject to a minimum of 12 times his "emoluments" at the time of his death. Provided that in no case it shall exceed Rs. 24,000/-". Rule 257 of the RSR provides the procedure for payment of Gratuity. ;