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Monday, June 11, 2018

High Court Order In Gratuity Related Case

 Delhi HC order on WP filed regarding enhancing gratuity limit w.e.f 01.01.2016

* IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI

             Date of Order: June 01, 2018
 
W.P.(C) 6423/2018
  LAXMI KANT SHARMA AND ORS. ..... Petitioners
Through :  Mr. R. S. Mishra and Mr. A. K. Pandey, Advocates

  versus

  UNION OF INDIA AND ORS.  ..... Respondents  Through :  Mr. Vikram Jetly, CGSC for R-1-
  4/UOI.
  Mr. H. S. Parihar & Mr. K. S. 
  Parihar, Advocates for R-6/RBI.  Mr. V. Sudeer and Mr. M. Chandra    Sekhar, Advocates for R-5.

CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R
  (ORAL)
 
1. Petitioners’ Representations seeking the benefit of enhanced gratuity limit from `10 lacs to `20 lacs w.e.f. 1st January, 2016 stand declined vide impugned order of 7th May, 2018 [Annexure P-3 (Colly)], while noting that the enhancement of ceiling limit of the gratuity amount shall be payable w.e.f. 29th March, 2018.  In the Representations [Annexure P-2 (Colly)], petitioners had relied upon Office Memorandum of 4th August, 2016 (Annexure P-1) which grants similar benefit to Government servants w.e.f. 1st January, 2016. 

W.P.(C) 6423/2018 Page 1 of 2


2. Learned counsel for petitioners submits that even Reserve Bank of India has granted the benefit of enhanced ceiling limit of gratuity to its employees.
3. Upon hearing, I find that impugned order of 7th May, 2018
[(Annexure P-3 (colly.)] needs to be re-considered as petitioners’ plea based on Government of India’s Office Memorandum of 4th August, 2016 (Annexure P-1) was specifically taken in the Representation, has not been considered in the impugned order.
4. In light of the aforesaid, this petition is disposed of with direction to fifth respondent to re-consider petitioners’ Representation [Annexure P-2 (colly.)] and a speaking response thereto be given within a period of six weeks and the fate of Representation [Annexure P-2 (colly.)] be made known to petitioners within two weeks thereafter, so that petitioners may avail of the remedies as available in law, if need be.
5. With the aforesaid direction, this petition is disposed of.
Copy of this order be given dasti to learned counsel for the parties.


(SUNIL GAUR)
JUDGE
JUNE 01, 2018
SRwt

W.P.(C) 6423/2018 Page 2 of 2


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