1. The three petitioners having taken voluntary retirement on 29th August, 1997, 31st July, 1997 & 11th July, 1997 respectively from the respondent no.3 National Project Construction Corporation (NPCC), a Government of India Enterprise, seek a writ of mandamus directing the respondent no.3 NPCC to grant to them the benefit of the increase in the maximum gratuity payable from Rs.1,00,000/- to Rs.2,50,000/-. Rule was issued in the petition on 16th August, 2000. The respondent no.3 NPCC has filed a counter affidavit and to which a rejoinder has been filed by the petitioners. The counsel for the respondents no.1 & 2 Union of India, without filing any counter affidavit has made submissions opposing the writ petition.

2. It is the case of the petitioners that the 5th Pay Commission in its interim report recommended inter alia the raising of ceiling on the amount of retirement / death gratuity from Rs.1,00,000/- to Rs.2,50,000/-; that the respondent Union of India issued an office memorandum dated 14th July, 1995 conveying its decision, to in accordance with the said recommendation, enhance the maximum amount of gratuity payable under the Central Civil Services (Pension) Rule