srinivas (jao) 10 February 2015
I worked for 4 years 271 days in Railways and resigned.
Now i claimed gratuity since 4.8 years is to be treated as 5 years for i.e. elilgible period for claiming gratuity under gratuity act.
But Railway Admn. rejected my claim quoting Rule 70(1)a of Railway Servant Pension Rule, 1993, which allows gratuity only on completion of 5 years qualifying service.
Pl guide me in this regard. Whom to approach. What is the remedy.
Mohammed Ameenuddin (Sr. Legal Manager) 14 February 2015
Yes, you have to complete 5 years of continuous services as per Railways Pension Rules 1993 to claim any benefit from Railways.
Kumar Doab (FIN) 14 February 2015
The Gratuity Rules applicable to railways:
RAILWAY SERVICES (PENSION) RULES-1993
69.������ Amount of pension � (1) In the case of a railway servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half month�s emoluments for every completed six-monthly period of service.
https://www.indianrailways.gov.in/railwayboard/uploads/codesmanual/pensionrule/Default.htm
You may visit a lawyer well versed with Railway's Rules, precedences in such maters, railway Board's decisions and judgments and proceed under expert advise of your lawyer...
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