JUDGMENT :

SUVIR SEHGAL, J.

1. Plaintiff-appellant is before this Court by way of the instant second appeal challenging concurrent finding of fact recorded by both the Courts below.

2. Pleaded case of Harbans Lal Sharma, plaintiff-appellant is that he joined the office of the defendant-respondents on 11.07.1980 as an Office Assistant and he submitted his resignation, on health ground, which was accepted vide order dated 31.08.1989. On 24.10.1989, he wrote to defendant No. 1 for release of gratuity which was followed by registered notice dated 30.11.1989. By office order dated 06.12.1989 defendant No. 1 admitted the claim for gratuity but did not release it. Another letter was sent, but by communication dated 29.06.1990 defendant-respondent No. 1 informed that he is not entitled to gratuity. Whereupon, plaintiff-appellant filed a suit for declaration to the effect that he is entitled to gratuity w.e.f. 31.08.1989 along with future interest at the rate of 15% per annum, in the alternative, declaration was sought to the effect that the letter dated 31.08.1989, whereby his resignation was accepted, is illegal, null and void.

3. Upon being served, defendant-respondents filed a written state