Laxmi Kant Sharma And Ors. vs Union Of India And Ors.
2018 Latest Caselaw 3508 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of Order: June 01, 2018

+      W.P.(C) 6423/2018

       LAXMI KANT SHARMA AND ORS.         ..... Petitioners
                    Through : Mr. R. S. Mishra and Mr. A. K.
                              Pandey, Advocates

                         versus

       UNION OF INDIA AND ORS.             ..... Respondents
                     Through : Mr. Vikram Jetly, CGSC for R-1-
                               4/UOI.
                               Mr. H. S. Parihar & Mr. K. S.
                               Parihar, Advocates for R-6/RBI.
                               Mr. V. Sudeer and Mr. M. Chandra
                               Sekhar, Advocates for R-5.

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                         ORDER

(ORAL)

1. Petitioners' Representations seeking the benefit of enhanced gratuity limit from `10 lacs to `20 lacs w.e.f. 1st January, 2016 stand declined vide impugned order of 7th May, 2018 [Annexure P-3 (Colly)], while noting that the enhancement of ceiling limit of the gratuity amount shall be payable w.e.f. 29th March, 2018. In the Representations [Annexure P-2 (Colly)], petitioners had relied upon Office Memorandum of 4th August, 2016 (Annexure P-1) which grants similar benefit to Government servants w.e.f. 1st January, 2016.

2. Learned counsel for petitioners submits that even Reserve Bank of India has granted the benefit of enhanced ceiling limit of gratuity to its employees.

3. Upon hearing, I find that impugned order of 7th May, 2018 [(Annexure P-3 (colly.)] needs to be re-considered as petitioners' plea based on Government of India's Office Memorandum of 4th August, 2016 (Annexure P-1) was specifically taken in the Representation, has not been considered in the impugned order.

4. In light of the aforesaid, this petition is disposed of with direction to fifth respondent to re-consider petitioners' Representation [Annexure P-2 (colly.)] and a speaking response thereto be given within a period of six weeks and the fate of Representation [Annexure P-2 (colly.)] be made known to petitioners within two weeks thereafter, so that petitioners may avail of the remedies as available in law, if need be.

5. With the aforesaid direction, this petition is disposed of.

Copy of this order be given dasti to learned counsel for the parties.

(SUNIL GAUR) JUDGE JUNE 01, 2018 SRwt