Right to Information Wiki

Gratuity calculation disputed — RTI for basis

File RTI to **PAO/Employer**. Ask basis of gratuity, qualifying service, last-pay calculation, ceiling applied. - Basis of gratuity. - Qualifying service.

Gratuity calculation disputed — RTI for basis

⚠️ DPDP Rules, 2025 (14 Nov 2025) amended Section 8(1)(j) of the RTI Act — public-interest override now under Section 8(2). Read the note →

· 2026/04/19 05:02

Direct answer. File RTI to PAO/Employer. Ask basis of gratuity, qualifying service, last-pay calculation, ceiling applied.

  • Payment of Gratuity Act 1972 — private sector.
  • CCS (Pension) Rules 2021 — govt.
  • UoI v. SPS Vains (2008) — framework.

5 questions to ask

  1. Basis of gratuity.
  2. Qualifying service.
  3. Last-pay.
  4. Ceiling applied (Rs. 20L/25L).
  5. Deductions (if any).

Template

To: The Public Information Officer, Pay & Accounts Office / Employer
Subject: Application under §6 RTI Act 2005 — Gratuity calculation

My gratuity fixation under PPO No. [..] — please furnish (1) basis, (2) service, (3) last-pay, (4) ceiling, (5) deductions.

Fee: Rs.10 by IPO/cash.

Common mistakes

  • Not citing Gratuity Act vs CCS applicability.
  • Skipping ceiling revision ask (Rs. 20L → Rs. 25L in 2024).

Case law anchors

  • Beed District Central Cooperative Bank v. State of Maharashtra (SC 2006) — applicability.
  • UoI v. SPS Vains (2008) — framework.

Pro tips

  • Pair with CAT/Labour Court.
  • Cross-check Form K calculation.

FAQ

  • Q: Service gap — counted? Specific rules under both Acts.
  • Q: Gratuity withheld pending dues? RTI for offset framework.

Sources

  1. Payment of Gratuity Act 1972. CCS (Pension) Rules 2021. SPS Vains (2008).

Last reviewed: 25 April 2026.

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