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2021 Supreme(Chh) 226

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
Chhattisgarh Rajya Gramin Bank – Appellant
Versus
Arun Phansalkar S/o. Late Vasant Phansalkar – Respondent


Advocates Appeared:
For the Appellants :Shri Kishore Bhaduri and Shri Sabyasachi Bhaduri, Advocates.
For the Respondent:Shri N.K. Vyas and Shri K.N. Nande, Advocates.

JUDGMENT :

P.R. Ramachandra Menon, J.

1. Whether the Chhattisgarh Rajya Gramin Bank (Officers and Employees) Service Regulations, 2013 (hereinafter referred to as 'the Regulations'), envisage to treat the class of 'Officers' and the class of 'Employees' of the Employer-Bank differently in claiming the quantum of 'Gratuity' payable under the Regulations with reference to their “Pay” and the mode of calculation ?

2. This is the question re-framed by us, after considering the core issue raised by the Appellant / Writ Petitioner-Bank and the point considered by the learned Single Judge as to whether the pay for computation of Gratuity in the case of 'Officers' of the Bank would take in the Dearness Allowances as well or not; as being done in the case of 'Employees' of the Bank, dealt with under the two separate provisos to Regulation 72(3) of the Regulations.

3. All these appeals arise out of a common judgment passed by the learned Single Judge dealing with the grievance projected in different writ petitions of similar nature.

4. Heard Mr. Kishore Bhaduri, the learned counsel appearing for the Appellants in all cases and Mr. N.K. Vyas, the learned counsel, who appeared for the party/private

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