TaxTMI 
TaxTMI 
2005 (12) TMI 568
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....ss appropriate orders. It was in this context that the 2nd respondent passed an order, dated 26.4.2004, stating that the scheme of providing employment to the dependants of the deceased-employees on compassionate grounds was discontinued. So far as the payment of the amounts towards Gratuity etc. is concerned, it was pointed out that the husband of the petitioner had availed various loans, such as personal loan, housing loan; totalling to ₹ 2,71,522/-, and that a sum of ₹ 1,09,480/-payable towards gratuity, was adjusted. The petitioner challenges the action of the 2nd respondent in passing the impugned order. 2. The 2nd respondent filed a counter-affidavit, admitting the factum of the death of the husband of the petitioner. It ....
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.... Standing Counsel for the 2nd respondent submits that the scheme of providing employment to the dependants of the deceased-employees is not governed by any Statute, and being administrative and discretionary in nature, no individual can claim it, as matter of right, more so, when it was discontinued. He further contends that the undertaking furnished by the husband of the petitioner during his lifetime would enable the 2nd respondent to adjust all the amounts payable, after his death. 5. The relief claimed by the petitioner in this writ petition is two-fold. The first is as regards the compassionate appointment and the second is about the payment of death-cum-retirement benefits. As to the first aspect, it needs to be seen that the scheme ....
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....e post held by the husband of the petitioner was pensionable. However, the respondents did not dispute that the husband of the petitioner was entitled to be paid gratuity of ₹ 1,09,480/-. There is no reference to other amounts, such as, provident fund. Having admitted the liability to pay gratuity, the 2nd respondent pleaded that the same is liable to be adjusted towards the amount drawn by the husband of the petitioner as personal loan, housing loan etc. 7. The Act casts a statutory duty upon the employer to pay gratuity, which is to be calculated as per the formula contained therein. The gratuity is payable, at a time when the employment of an individual comes to an end, through retirement, death or removal. Before such an event ta....