I am of the view that the HR of the Educational Institution fails to have the correct interpretation of the term "continuous service" as defined u/s 2-A of the Payment of Gratuity Act,1972 for reasons best known to himself.
(1) From 01-07-2015 to 31-03-2020, the total length of service of the poster amounts to 4 years and 275 days. In the 5th year of his service he has rendered a continuous service of more than 240 days within the meaning of the term u/s 2-A of the PG Act,1972 as interpreted by the Madras High Court in Mettur Beardsell Ltd v. Regional Labor Commissioner (Central) [ 1998 LLR 1072 ] so as to be eligible to claim gratuity for the entire 5 years.
Similar interpretation of the term "continuous service" u/s 25-B of the Industrial Disputes Act,1947 was already held by the hon'ble Supreme Court of India in Surendra Kumar Verma v. Central Govt. Industrial Tribunal [ 1980(4) SCC 433 ] and in Mohanlal v. Bharat Electronics Ltd [ AIR 1981 SC 1253 ].
(2) 240 days comprise of working days, holidays, authorised leave etc.
Therefore, the poster is entitled to gratuity under the PGA,1972.