SURESH KAIT, J.

1. Vide the present petition the petitioner seeks to set-aside the order dated 02.12.2011 passed by the Appellate Authority and order dated 19.01.2009 passed by the Controlling Authority under the Payment of Gratuity Act, 1972.

2. I have gone through the averments made in the writ petition. The relief sought in the instant petition is against respondent No.1. The present petition is entitled to be dismissed on this sole ground, however, in the interest of justice I consider the respondent No.1 as respondent No.2 while adjudicating the present petition.

3. Brief facts of the case are that the respondent No.2 was appointed by the DESU on 01.07.1980 and was working in the Najafgarh Zone as MRI. He resigned from the services of DVB on 28.02.1997. Therefore, the respondent No.2 before his resignation has completed a total of 16 years and 8 months of service with DVB. The case of the petitioner herein is that the respondent No.2 is not entitled to gratuity as per Rule 26 of CCS Pension Rules as he has not completed 20 years of service, which is minimum eligibility for gratuity.

4. Learned counsel appearing on behalf of the petitioner submits that on 1st July, 2