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Drtarun Sareen   17 May 2022

Entitlement of gratuity

Is a permanent govt servant entitled for gratuity if he resigns after 12 years of service.....


 3 Replies

Pradipta Nath (Advocate)     17 May 2022

Yes he is entitled to get gratuity amount. 

Advocate Bhartesh goyal (advocate)     17 May 2022

Yes,employee is entitled to get gratuity amount.

Anshita Kohli   17 May 2022

Hello Sir,

A government servant is entitled to gratuity after five years of serving the employer according to Section 4 of the Payment of Gratuity Act, 1972.

Generally, an employee is entitled to enjoy the benefit of gratuity in the following instances –

(a) Employee eligible for superannuation,

(b) Employee retires

(c) Employee resigns after working with the employer for five years

(d) Employee passes away or suffers any disability due to illness or accident

The employer is not entitled to forfeit the amount of gratuity payable to the employee if any of the instances occur. However, he can forfeit the same, wholly or partially, when the employee has been terminated due to disorderly misconduct wherein the employee has physically hurt someone during the employment.  

Further, it shall be noted that there exists a cap of Rs. 10 Lakhs on gratuity, no company shall pay gratuity amounting to more than the said amount.

Hence, in view of the above conditions, you may qualify for the gratuity amount.

The process for obtaining gratuity ­–

You must file an application with the employer regarding the payment of gratuity owed to you. After receiving the application, the company shall calculate the amount and will send a reply to you and the controlling authority mentioning the calculated amount. Thereafter, the employer shall pay the amount of gratuity within a period of 30 days from the date of sending of acknowledgment.


I hope this helps to solve your query!



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