By this writ petition the petitioner, who retired as a Halka Karamchari from the State Government service on 28.02.2009, initially prayed for a direction to the State to pay death-cum-retirement gratuity to the extent of Rs.3,99,544.00 instead of Rs.2,63,835.00 as sanctioned on 07.01.2012. In course of hearing, the petitioner restricted his relief to Rs.3,50,000.00, the reason of which will be noticed later in this judgment.

2. Counter affidavit on behalf of the State and the Accountant General including supplementary counter affidavits and rejoinder are on record. At the request of the Court, Principal Additional Advocate General, Mr. Lalit Kishore, Senior Advocate assisted the Court on behalf of the State. Having heard the parties at length and with their consent, this writ petition is being disposed of at this stage itself.

3. In fairness to the learned Principal Additional Advocate General, it must be noticed that he has very fairly placed on record various resolutions of the State Government with regards to pay structure/pay scale revisions as were relevant to this case.

4. The facts are not in dispute. The petitioner’s recorded date of birth is 03rdof February, 1949. He