( 1 ) RULE. By consent heard forthwith.

( 2 ) THE petitioner superannuated in the services of the Maharashtra Agro industrial Development Corporation Ltd. , (respondent No. 1) on 31-12-2003. At the relevant time, he was working as Manager (Project ). The petitioner was relieved from the service by issuing letter dated 31-12-2003 after close of office hours. The letter further sets out that the petitioner had done valuable contribution in the development and prosperity of the Corporation.

( 3 ) ACCORDING to the petitioner, after the petitioner was served with the relieving order, a memorandum came to be served upon him on the very same day i. e. 31-12-2003 alleging misconduct when the petitioner was working as fertilized Manager (Fertilization) in the Fertilizer Divn. of the Corporation in head Office. According to the petitioner, the charge-sheet is false and fabricated. The petitioner has filed a reply to the said charge-sheet

( 4 ) AFTER being allowed to superannuate and as no enquiry was initiated when the petitioner was in service, according to the petitioner, he is entitled to gratuity and consequently he submitted an application under Rule 7 of the payment of