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2025 Supreme(Online)(CAT) 5015

CENTRAL ADMINISTRATIVE TRIBUNAL
Veena Kothavale, J, Sisir Kumar Ratho, A
Abdul Mukheeth – Appellant
Versus
The Secretary to Government, Ministry of External Affairs – Respondent


Advocates:
For the Appellants/Petitioners: K.S. Saravanan
For the Respondents: M. Kishore Kumar, SPC

Table of Content
1. employee's eligibility for gratuity under local law. (Para 2 , 3 , 4)
2. determination of applicable laws for employee rights. (Para 5 , 6 , 7)
3. inclusion of cola in gratuity calculations. (Para 9 , 10 , 11)
4. applications of ministry guidelines in terminal gratuity calculations. (Para 21 , 22 , 23)

ORDER

(Hon'ble Ms. Veena Kothavale, Member(J)

The applicant has filed this original application praying for the following relief: –

“to call for the records of the 2nd respondent in its order No.Q/LC/585/15/2022 dated 10/03/2023 and quash the same and consequently direct the respondents to revise the gratuity payable to the applicant by including the cost of living allowance (COLA) in his last drawn pay and to further sanction the pro-rata Ramadan bonus applicable to applicant for 294 days of service (from 13/04/2021 to 31/01/2022) and pay both amounts within a timeframe to be fixed by this Hon’ble Tribunal and pass such other order or orders as may be deemed fit and thus render justice.”.

2. It is the case of the applicant that he was initially appointed as temporary typist in the Consulate General of India, Jeddah, Saudi Arabia in the year 1996 and later on 11/07/1998,

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