Gratuvity

Yes, you are eligible to get gratuity as you had completed more than five years continuous services. 

hat is the context for this query? When had you joined the service? When did you resign?

She is eligible for grautity after completion of 5 yearrs of service.

An employee is eligible for gratuity payment after completing 5 years of continuous service with one employer. Salaried employees, excluding temporary or contractual workers, are entitled to gratuity payment after completion of a certain period of employment at one organisation.

I joined on 13 February 2009 and resigned on 30 November 2022

Yes you are eligible for gratuity for 13 years.

You can submit an application for that if your department is silent about it.

You are covered by the provisions of Central Civil Services (Implementation of National Pension System) Rules, 2021 and Central Civil Services (Payment of Gratuity under National Pension System) Rules, 2021. To my knowledge the said Rules (unlike the provisions of Payment of Gratuity Act) do not provide for grant of gratuity on resignation. Please see Rule 34 -

34. Retiring pension or service gratuity.- (1) A retiring pension or retiring service gratuity, as the case may be, shall be granted in accordance with rule 44, to a Government servant ,-

(a) who retires on his own volition, before attaining the age of superannuation, in accordance with the provisions of rule 43 of these rules, or rule 56 of the Fundamental Rules; or

(b) who, on being declared surplus, opts for voluntary retirement in accordance with the provisions of the Special Voluntary Retirement Scheme for surplus employees notified by the Department of Personnel and Training vide Office Memorandum No. 25013/6/2001-Estt.(A), dated the 28th February, 2002, as amended from time to time; or

(c) who is retired by the Government, before attaining the age of superannuation, in accordance with the provisions of rule 42 of these rules or rule 56 of the Fundamental Rules.

(2) A permanent Government servant, who on being declared surplus to the establishment in which he was serving, opts for Special Voluntary Retirement Scheme notified by the Department of Personnel and Training vide [ II 3(i)] 137 Office Memorandum No. 25013/6/2001-Estt. (A), dated the 28th February, 2002 as amended from time to time, shall be entitled to payment of ex-gratia amount in accordance with that Scheme, in addition to the Retiring pension or service gratuity in accordance with rule 44 and Retirement gratuity under rule 45.

The concerned files are uploaded. It is seen that these Rules have been drawn up based on the provisions of CCS(Pension ) Rules, 1972. It appears that, prima facie, the provisions are inequitous. Relaxation, if so advised, could be sought in terms of the provsions of Rule 86-

86. Power to relax.- Where any Ministry or Department of the Government is satisfied that the operation of any of these rules causes undue hardship in any particular case, that Ministry or Department, as the case may be, may, by order for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner :

Provided that no such order shall be made except with the concurrence of the Department of Pension and Pensioner's Welfare or the Department of Personnel and Training, depending upon the rule or the subject on which a relaxation is required and the Department which is concerned with that rule or subject

So can I apply for gratuity? 

Yes.you are entitled for gratuity.

You can apply but if denied, needs to escalate the issue through the Administrative Tribunal.

has it been refsed, if so on what grounds.