Sujit Narayan Prasad, J. - (1.) The instant writ petition has been filed for a direction upon the respondent-JSHB, Ranchi for payment of enhanced gratuity to the petitioner since he is entitled for the same in view of the recommendation of the 6th Pay Revision Committee.
(2.) The brief facts of the case of the petitioner is that while he was working as Junior Engineer-cum-Incharge Assistant Engineer, Hazaribagh Sub-Division, he, after completion of 60 years' of his age, has superannuated from service on 31.10.2010. Thereafter, he has applied for disbursement for his post-retiral dues including the gratuity. The petitioner was paid the amount to the tune of Rs.3,50,000/- as gratuity, under the gratuity head in view of the provision of Section 4(3) of the Payment of Gratuity Act, 1972. The grievance of the petitioner is that the Central Government, vide Office Memorandum dated 02.09.2008 enhanced the rate of gratuity amount from Rs.3,50,000/- to Rs.10,00,000/- and as such the same is applicable to him also. The State Housing Board, Ranchi in its 29th Board's Meeting dated 07.02.2011, issued policy decision pertaining to gratuity to their employees and enhance the rate of gratuity from Rs.3,50,000/- to Rs.10,00,000/- and, therefore, it has been contended that the petitioner is entitled to get the difference of arrears of amount of gratuity on the ground that when the Payment of Gratuity Act being a Central Legislation and in view of the provision of Sub-section 3 of Section 4 of the Act, 1972, provision of Section 1 of the Gratuity Act, 1972, which extend to the whole India save and except Jammu and Kashmir.
(3.) Section 4 contains a provisions for payment of Gratuity, which shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years i.e. (a) on his superannuation, or (b) on his retirement or resignation, or resignation, or (c) on his death or disablement due to accident or disease; provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death of disablement. Sub-section 3 of Section 4 stipulates that the amount of gratuity payable to employee shall not exceed Rs.3,50,000/- pre-amended, but after Amendment Act, 2010 (15 of 2010) the quantum of amount of Rs.3,50,000/- has been enhanced to the tune of Rs.10,00,000/- with effect from 24.05.2010. Section 14 contains a provision: 'With respect to override other enactments' It is evident from the aforesaid provision that the provision of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument or contract having effect by virtue of any enactment other than this Act or in any instrument on contract having effect by virtue of any enactment other than this Act. This provision provides that the Act shall override other enactments to the extent of any inconsistency contained in any other such enactments. It is thus evident that the Payment of Gratuity Act is a welfare legislation and, therefore, the benefit cannot be curtailed.;