( 1 ) THIS is a petition filed by a person, who had worked as a Peon in Gujarat State bharat Scouts and Guides, Sangh claiming gratuity for the services rendered by him for a period over 26 years from 11-6-1965 to 29-1-1992 when he retired. It is the dismal fact that although the petitioner, who was a peon, had retired way back on 29-2-1992, he has not been paid due amount of his gratuity till this date despite his repeated requests.

( 2 ) WHEN the matter came up before this court on 25-9-1995 a notice was issued to the respondents as to why this petition may not be admitted and disposed of at admission stage and the notice was made returnable. On behalf of the respondent No. 4, an affidavit-in-reply dated 6-12-1995 has been filed, but no return whatsoever has been filed on behalf of the respondent Nos. 1 to 3 so far despite the repeated opportunities being granted by this Court and it is rather unfortunate that even today mr. Bambhania is asking for time to file a reply. In the facts and circumstances of this case, when the notice had been issued as to why the petition should not be taken up for final disposal at admission stage. I do not consider it appropriate to grant any further lime. However, Mr. Bambhania has been permitted to make all submissions, which he could have made in the return.

( 3 ) RULE. Mr. D. A. Bambhania, learned addl. G. P. waives service of rule on behalf of respondents Nos. 1 to 3 and Mr. K. M. Patel, learned Counsel, waives service of rule on behalf of respondent No. 4

( 4 ) AS per pleadings the following facts are undisputed/uncontroverted : (1) That the petitioner had served the gujarat State Bharat Scouts and Guides sangh for a period over 26 years from 11- 6-1965 to 29-2-1992. (2) There were more than 18 employees working with respondent No. 4 and since 1988, there are more than 20 employees. The petitioner is, therefore, entitled to the gratuity for the service rendered by him and the respondents are liable to pay the same. (3) The due amount of gratuity comes out to be Rs. 22,867/ -. (4) The respondent No. 4 is an Institution over which the State Government has all pervasive control and the respondent Nos. 1 to 3 have been paying 100% grant to the respondent No. 4 (5) The staff strength and service conditions of respondent No. 4 are duly sanctioned by the respondent Nos. 1 to 3. (6) The State Government has been paying gratuity to the employees of all other grant-in-aid Institutions like respondent No, 4 such as Physical Education Colleges, Fine arts and Art Teachers Diploma Colleges, primary, Secondary and Higher Secondary schools as well as Colleges. (7) In terms of the Government resolution dated 13-4-1988 issued by the education Department of the Government of Gujarat all the Rules relating to pay scales and other Resolutions and Rules issued by the Government from time to time shall apply to the respondent No. 4 mutatis mutandis.

( 5 ) THUS, there is no room for doubt With regard to the petitioners entitlement to the payment of gratuity. The petitioner had made representations by sending letters dated 28-2-1982, 29-6-1993, 19-7-1993 and 24-8-1995 and the only reply which has been received by the petitioner is the letter dated 2-9-1995 from respondent No. 4 wherein it has been stated thai according to the Government Resolution dated 13-4- 1988 the respondent No. 4 was of the opinion that the petitioner was entitled to the gratuity and accordingly the case had also been forwarded to the Government, but the Government had replied that the petitioner was not entitled to gratuity. A copy of the letter dated 31-3-1993 sent by the Deputy Secretary, Education department to the Gujarat State Bharat scouts and Guides Sangh shows that the government had categorically informed the gujarat State Bharat Scouts and Guides sangh that the employees of the Gujarat slate Bharat Scouts and Guides Sangh were not entitled to gratuity.

( 6 ) MR. Bambhania, learned Addl. G. P. has submitted that the