the exact wages drawn by the employees at the time of cessation of their services. The issue of pay scales and alleged recoveries cannot be mixed up with the jurisdiction of the Controlling Authority for ascertainment of amount of gratuity under provision of Sections 4 and 7 of the Act. Therefore, in my view, it is not necessary to await decision of Writ Petitions filed by the employees before Division Bench and the Controlling Authority can be permitted to proceed ahead with the proceedings filed before it. Mere pendency of dispute in Petitions before the Division Bench about alleged entitlement of employees to claim additional salary and allowances as per the recommendations of the pay commission cannot be a reason for not paying them gratuity on the basis of pay already drawn by them. Similarly, claim of the PetitionerManagement towards recovery of excess payment drawn by the employees, which is sought to be vaguely raised in Civil Application, without filing any independent proceedings, that too after retirement/cessation of services, also cannot be a reason for suspending the proceedings before the Controlling Authority relating to payment of gratuity. Gratuity after all is a retirement benefit which an employee is statutorily entitled to based on services rendered by him. Mere existence of dispute relating to grant of pay scales cannot be a reason for indefinitely delaying the issue of payment of gratuity. As of now, gratuity would be determined by the Controlling Authority on the basis of actual pay drawn by the employees at the time of cessation of their services.
