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gratuity & railways

(Querist) 11 November 2009 This query is : Resolved 
MY CLIENT HAD RESIGNED FROM RAILWAYS AFTER 8 YEARS OF SERVICE. THE RAILWAYS HAD REFUSED TO PAY HIM ANY GRATUITY AS PER THE RAILWAY SERVICES PENSION RULES, 1993. HE HAD RESIGNED AS PER HIS WISH AND NOT WITH AN INTENTION TO JOIN OR START ANY NEW BUSINESS OR SERVICE OR PROFESSION.
I THINK THAT HE IS ENTITLED TO GET PROPORTIONATE SERVICE GRATUITY.
A V Vishal (Expert) 11 November 2009
What are the grounds for refusal in the communication.
Raj Kumar Makkad (Expert) 12 November 2009
It is better to go through the relevant rules before coming to the conclusion that he is entitled or not.
Murali Krishna (Expert) 12 November 2009
Under Railway Servants(Pension) rules 1993, an employee who resigns from service forfeits all his past service. This forfeiture is not applicable only when the resignation of the employee is accepted by authorities in public interest. Which is not your case.

Gratuity is related with the past services, he is not entitled for any gratuity.

Reason for resignation is not a criteria for grant of gratuity.


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