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Gratuity benefits for Central Government employees
27-Aug-2023 (In Labour & Service Law)
I was working at the Ministry of Information for 12 years and 6 months. After resignation I inquired about gratuity benefit. I did not take any other employment in the government or private sector. My department is rejecting gratuity claim saying that the general rule of 5 years is not applicable in my case. They are saying that I would have been eligible only if I had completed 20 years in Ministry of Information. Kindly provide me some suggestion ?
Please take note of following -
1. Payment of gratuity is payable to any employee by its employer once he has completed 5 years of tenure of his services.
2. This act is also applicable on government entities and there are no separate laws for them.
3. By no means they can deny your payment of gratuity.
4. However if they are stating that in your case it was required to serve for 20 years for being eligible for payment of gratuity it would be advisable to find out the reason behind by way of RTI.
5. Denial to respond back to the filed RTI or vague statement given by the way of reply to that RTI will allow you to challenge it before competent Court of jurisdiction bringing the judgment in your favour.
1. Payment of gratuity is payable to any employee by its employer once he has completed 5 years of tenure of his services.
2. This act is also applicable on government entities and there are no separate laws for them.
3. By no means they can deny your payment of gratuity.
4. However if they are stating that in your case it was required to serve for 20 years for being eligible for payment of gratuity it would be advisable to find out the reason behind by way of RTI.
5. Denial to respond back to the filed RTI or vague statement given by the way of reply to that RTI will allow you to challenge it before competent Court of jurisdiction bringing the judgment in your favour.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Please ask your Department to show under what Rule/Order are they refusing gratuity. You could approach High Court / CAT, depending on suitability for necessary action and seek appropriate relief. My prima facie view is that you have a good case. But remember there could always a slip between the cup and the lip. As such please keep your paper work thorough and hope for the best.
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Adv. Rishi Raj Sharma
Delhi | 100+ Answers
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