JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

2. The present petition has been filed challenging the impugned letter dated 27th September, 2021, which was issued by Respondent No.2- Central Medical Services Society (hereinafter "CMSS"), vide which CMSS claimed that gratuity is not payable to the Petitioner under the Payment of Gratuity Act, 1972 (hereinafter "the Act") as the Petitioner has not completed five years of service since the Act became applicable to CMSS on 27th April 2015. The case of the Petitioner is that he completed 5 years of service with CMSS as General Manager (Logistic & Supply Chain). He joined the CMSS on 13th February, 2014 and was employed with them till 31st March, 2019. Thus, he is entitled to payment of gratuity.

3. Mr. Nigam, ld. counsel for the Petitioner submits that the Petitioner has been repeatedly making representations to CMSS seeking the payment of gratuity. However, the same were being rejected on one ground or the other. Reply to the RTI filed by the Petitioner reveals that similarly placed employees have been paid the g