Gramin Dak Sevak is not classified as an employee under the Payment of Gratuity Act, thus not entitled to gratuity from the postal department.

JUDGMENT

Dated this the 16^th day of February, 2026 The writ petition is filed seeking a declaration that the Payment of Gratuity Act, 1972 will not apply to the department of posts and that Gramin Dak Sevak is not an employee within the meaning of Section 2 (e) of the and also to quash Exts.P1 and P2 orders passed by the Regional Labour Commissioner (Central) and Controlling Authority under the in favour of the 3^rd respondent herein.

2. Both sides submit that the issue is covered by the judgment of this Court in W.A. No. 705 of 2017 dated 01.12.2022. The 3^rd respondent herein entered services as GDSMD on 01.06.1976 and was discharged from employment on 14.05.2016 on attaining the age of 65 years. Such employees will be entitled to payment of gratuity under the 2011 Rules. It is not disputed that the 3^rd respondent in this case was discharged on 14.05.2016. Accordingly, he will be entitled to payment of gratuity under the 2011 Rules. The writ petition is accordingly ordered. The impugned order will stand quashed. It is made clear that the directions in the judgment in W.A. No. 705 of 2017 dated 01.12.2022 will govern the case of the 3^rd respondent and revised orders, if any will have to be passed accordingly.

The writ petition is disposed of as above.

Sd/-