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Sanjeev Kuchhal (Publishers)     04 November 2014


Gratuity _ Judicial Service _ Non-granting of gratuity on giving of resignation by any employee after 5 years of service does amount to imposing the penalty on the petitioner without due process of law and arbitrarily _ Rule 46(1) of the Pension Rules 1982 is in clear violation of Article 14 of the Constitution of India to the extent the benefit of gratuity is not granted to a person merely because he has resigned from the service _ Rule 46(I) of the Pension Rules 1981 have to be read down so as to entitle the employees of the State Government to Gratuity in case they resign after completing 5 years of service.. (See 2014 (10) LJSOFT 64)

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