3242 of 1993 by order dated 09.03.1995 inter alia was of the view that the rules regarding the calculation of basic pay in respect of Government employee would number be applicable in case of employee working under the university and therefore, for the purpose of calculation of gratuity of the respondent who was an employee of university, rules of the university shall have to be taken into companysideration.
50,000/ to Rs.75,000/ may be made applicable to University employees from 1.9.1986 as per Govt.
By that order only limit of gratuity was increased.
4 dated 20.5.88 and duly approved by the Board of Management on 20.5.88 , the Vice Chancellor is pleased to order that the Government of Rajasthan Finance Gr.2 Department Notification No.
The respondent, therefore, prayed that an appropriate writ direction be issued directing the appellant university to finalise the retiral benefits such as pension, gratuity and other retiral dues on the basis of actual last pay drawn, dearness and ad hoc dearness allowances.
On basis of the above order dated 16.6.88 we have numberhesitation to hold that only maximum limit of the amount of gratuity was raised from Rs.
N.PHUKAN,J This appeal is directed against the judgment and order of the Division Bench of the Rajasthan High Court at Jodhpur dated 12.09.95 passed in Special Appeal No.
By the impugned judgment the Division Bench dismissed the special appeal filed by the present appellant namely Rajasthan Agricultural University companystituted by Rajasthan Agricultural University, Bikaner Act, 1987.
We extract Annexure G to the writ petition Rajasthan Agriculture University Bikaner.
Later Mohanlal Sukhadia University was bifurcated and present appellant university was founded by an Act of Legislature.
Initially by an Act Udaipur University was companystituted which was renamed as Mohanlal Sudhadia University.
Another grievance of the respondent was that the gratuity was calculated only on the basic pay instead of calculating on the pay last drawn including the dearness allowance and adhoc dearness allowance in accordance with the provisions of relevant rules.
This resolution was formally numberified by the order dated 16.6.88 which was extracted above.
Therefore, while calculating the emoluments for the purpose of payment of gratuity the three clauses namely a , b and c of the said numbere 1 have to be applied.
F Rules PPS 87/87 II/430 dated 5.3.87.
Being aggrieved appeal was filed before the Division Bench which was dismissed as stated above.
50,000/ to Rs.
572 of 1995.
The learned Single Judge in Writ Petition No.
In pursuance of the Finance Committee resolution No.
extracted above.
order referred above.
Though along with the order of the appellant university dated 16.6.88 a companyy of the Rajasthan Services second amendment Rules, 1987 was also extracted, by numberstress of imagination it can be said that by the above order, the University of Udaipur Sukhadia University Payment of Gratuity to Employees Rules, 1979, as adopted by the appellant university, were also amended in respect of other provisions.
There is numberdispute at the bar regarding position of the rules and the resolution etc.
75,000/ w.e.f 01.09.1986.
As respondent retired from service after 31.3.1986, numbere 1 to the rule 11 is applicable.
F. 1 29 FD Gr.2 87 I dated 20.10.87 regarding raising the maximum limit of death cum retirement it Gratuity from Rs.
