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2002 Supreme(Kar) 688

P.VISHWANATHA SHETTY
U. RATNAKAR RAO – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
ARAVIND KUMAR, ASHOK HARANAHAFLI, C.DINAKAR

P. VISHWANATHA SHETTY, J.

( 1 ) IN this petition the petitioner has sought for a direction to the respondents to calculate the amount of gratuity admissible under the Pension rules in accordance with the provisions of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as 'the Pension Rules'), by taking into consideration that the maximum amount admissible under the Pension Rules would be Rs. 2,50,000/- and sanction him the gratuity amount of Rs. 2,14,731/- with interest, after giving deductions to the payment already made, along with interest at 18% per annum from 1st july, 1997 till the date of payment.

( 2 ) FEW facts, which are not in serious dispute and are relevant for the disposal of this petition, may be stated as hereunder. The petitioner had retired as Superintending Engineer (Mechanical) in the services of the 2nd respondent-New Mangalore Port Trust (hereinafter referred to as 'the Port Trust') on 30th June, 1997. The 2nd respondent-Port Trust settled his retirement benefits including the gratuity immediately after his retirement on the basis he was entitled to receive the payment in terms of the provisions contained in the Payment of Gratuity Act (h














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