Counting of past service and whether i am eligible for gratuity
Anil Shivaji Bhosle
(Querist) 30 May 2016
This query is : Resolved
Respected Sir,
I had joined Maharashtra Police as a Police Constable on 3.03.2003. Subsequently, I applied for the post of Asst.Security officer at Tata Memorial Hospital through proper channel. I got selected for the same and was relieved on 17.12.2007. Thus I have put up total service of 4 yrs. 9 months and 16 days without any break. Tata Memorial Hospital(TMH) is located at Parel, Mumbai and is an autonomous body under Dept. Of Atomic Energy. After joining TMH i had put up request for counting of past service. TMH had asked Mah-Police dept. to transfer gratuity amount but they denied for the same after taking advice from the Pr. Accountant General (A&E)-1(through Home Dept.). The Pr. Accountant General (A&E)-1 quoted that "Mr. AS Bhosle Ex. Police Constable is not eligible for terminal gratuity as he has served only for a period of 4 yrs. 9 months and 16 days, since as per Apendix II of the MCS (Pension) Rules 1982, a temporary govt. servant will be eligible for terminal gratuity provided he had completed not less than 5 years continuous service at the time of his retirement".
Sir, is their any possibilities of my previous service be counted for benefits. kindly advice.
Regards
Kumar Doab
(Expert) 30 May 2016
There are decision that lay down that if employee has worked for 240 days in a year for 5 years then he has rendered continuous service of 5 years and is eligible............
However these are for when Payment of Gratuity Act, 1972 applies.
In your case the Gratuity Rules are different.
Relate the decisions with rules that apply.
T. Kalaiselvan, Advocate
(Expert) 04 June 2016
Discuss with a service law practicing lawyer about the law involved in it because the gratuity rules are clear that 240 days in a year in the five years of service as eligibility condition.
Kumar Doab
(Expert) 04 June 2016
The decision shall be in accordance with applicable rules.
Rajendra K Goyal
(Expert) 10 June 2016
You should represent for gratuity again through your employer. If no response, discuss with your lawyer.
Kumar Doab
(Expert) 10 June 2016
Show the applicable Gratuity Rules also to your counsel.
