Can Re-employed Government Officials Claim Gratuity and EPF for Contract Work?

With reference to the article as per the link below: https://www.citehr.com/282278-employ...ed-person.html

I sought premature retirement from state government service at the age of 55 to join a district society under the control of the State Government on a contract basis and served up to the age of 65 years. I had drawn the Gratuity with salary and Provident Fund on retirement from Government service.

Am I entitled to a payment of Gratuity with Salary and EPF contributions for the service of 10 years rendered in the new job? Could you also quote the supporting rules/judgments as well?

Regards, Manjit Singh Jaggi

Dear Manjit Singh, whether your service with the State Government was pensionable and are you in receipt of a pension still? As per State Pension Rules (please refer to your own State Rules), an employee eligible for a pension should not accept any regular employment in the private/cooperative sector, etc., within a period of 2 years from his retirement without prior permission of the Government.

Regarding your queries, your service with the society is a separate one, and you are entitled to all the terminal benefits under the employment laws applicable to the society.

Service Bylaws and Employee Benefits

I joined the Punjab State Council for Science and Technology, a registered society of the Punjab Government, which has framed its own service bylaws. The council is under the EPF Act. Payment of gratuity and leave encashment is admissible to council employees as per Punjab Government rules applicable to Punjab Government employees.

I joined the council (Registered Society, non-pensionable) on the specific request/demand of the council with the government in the loop. My appointment clearly stated that I was to be governed by the Council Service Bylaws. I received gratuity, leave encashment, and government PF at the time of retirement from government service. Thereafter, I applied for payment of gratuity (10 years) and leave encashment (154 days), which other employees in similar positions have already received.

I would be grateful if you could inform me about the specific rulings/rules under which I become eligible for these benefits.