Gratuity - central government - resignation

Abhishek (Querist) 03 October 2021 This query is : Resolved
I have resigned after serving 6 years of uninterrupted service in Central Government. Am I eligible for gratuity?

Payment of Gratuity Act, 1972 , para 4 states that 5 years of service is required for payment of gratuity.

26(I) of CCS(pension) rule , 1972 states that my past service stands forfeited after resignation .

However, para 2, CCS(pension) rule 1972 states that it applies to Government servants appointed on or before 31st day of December,2003. As I was appointed in 2015, Is CCS (pension) rule applicable for me ??

If no, its rule 26(I) for forfeiture also does not apply to me? Does that imply I may be eligible for gratuity payment?

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Quick Summary

A Central Government employee resigned after six years of service and is unsure about their gratuity eligibility. They are questioning whether the Payment of Gratuity Act, 1972, which requires five years of service, applies, or if the CCS (Pension) Rules, which state past service is forfeited upon resignation, are relevant. The employee was appointed after 2003, raising doubts about the applicability of the CCS (Pension) Rules and their forfeiture clause, potentially leading to gratuity entitlement.

kavksatyanarayana (Expert) 03 October 2021
No. You are not eligible for gratuity.

Sudhir Kumar, Advocate (Expert) 20 November 2021
are you sure you are covered by CCS(Pension) Rules.

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