Regret do not agree with Mr. Ramachary.
Payment of Gratuity Act 1972; Sec:2A (1), (2) (a) (i) (ii), 7
Maternity Leave and also any other approved leave, holidays, off days are counted in service period and for Gratuity also.
Notice period served by employee is also counted in service period.
If your establishment works for 6/or less days (say5) per week and you have worked for 240/190 in each year you shall be eligible. Hence if you work for 240/190 days in any year and last year (say5th) then you are eligible. If you work up to 28th Aug, 2014 you shall be completing full 5year hence there is no question that you shall not be eligible!
Gratuity is 15 days wages/365 days of year……………….(Basic+DA…..as per last drawn wages).
Since 2012 was leap year hence you should be completing 5Y before 28th Aug, 2014.
You can submit FormI 1 month before the date of retirement chosen by you (resignation/last date in office/expiry of notice period), of course under proper acknowledgment.
Even if the employee has not made any application employer has to make the payment within 30 days of becoming eligible (last date in office in your case) or tender interest @10%pa.