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1989 Supreme(Kar) 136

K.A.SWAMI
D. RAMESH – Appellant
Versus
GOVERNMENT OF INDIA – Respondent


Advocates:
GAYATHRI BALU, R.V.S.Naik

K. A. SWAMI, J.

( 1 ) IN this petition under Article 226 of the constitution the petitioner has sought for striking down Regulation 4 (e) (l) of the death-cum-Retirement Gratuity Regulations 1975 (hereinafter referred to as the gratuity Regulations') framed by the second respondent as violative of Article 14 of the constitution and also being inconsistent with the provisions of Payment of Gratuity Act, 1972 (hereinafter referred to as the 'act' ). The petitioner has also sought for a Writ in the nature of Mandamus directing respondents 2 and 3 to pay the amount of gratuity which is legally due to him with compound interest compens tion and penalty.

( 2 ) THE facts necessary for the purpose of deciding the reliefs sought for by the petitioner are not in dispute. The petitioner joined the services in the month of April 1970 as Commodity Analyst/economist under respondent No. 2 at Delhi on a salary of Rs. 780/- p. m. He served in that capacity at Delhi till July 1975. In the month of July 1975 on promotion as Marketing Manager he was posted at the Branch Office of the second respondent at Madras. He served as such at Madras upto September 1976. Thereafter, he came to be transferred to




















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