FAIZAN UDDIN, J. ( 1 ) ( 2 ) BY this writ petition filed under Article 226 of the Constitution of India, petitioner prays for a direction commanding respondents to pay gratuity and pension in respect of his son who died in service while he was working as an employee of the respondents. ( 3 ) PETITIONERS son namely Sanjay Kumar mishra was serving as lecturer in Government higher Secondary School, Raigarh. He died in harness. The grievance of the petitioner is that he is the noininee and he has not been paid the gratuity and pension. ( 4 ) SO far as the Gratuity is concerned it is submitted that the petitioner is entitled under the first proviso to Section 4 of the Payment of gratuity Act, 1972. ( 5 ) SUB-SECTION (1) of Section 4 of the Act is pertinent here which provides as under:"4. Payment of Gratuity- (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years. (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement". ( 6 ) IN support of his submission, learned counsel for the petitioner relied on a decision of High Court of Madhya Pradesh rendered in L. P. A. No. 147/1995, dated August 13, 1997 (Gwalior Bench) Premlata Brij Narain sharmav. State of M. P. and another reported in 1998 (1) MPLJ Note No. 15 wherein it has been held that the condition of completion of five years of service enumerated in Rule 44 (1) (b) of Rules 1972 is applicable only to the employees who have discontinued service on an ground other than death. In case of death, this clause of completion of five years service will not apply as the same has been waived in substantive Section 4 of Payment of Gratuity act, 1972. ( 7 ) SO far as pension is concerned, let a decision be taken as early as possible preferably within a period of two months from the date of receipt/production of a copy of this order on a representation being filed afresh before respondents Nos. ( 7 ) SO far as pension is concerned, let a decision be taken as early as possible preferably within a period of two months from the date of receipt/production of a copy of this order on a representation being filed afresh before respondents Nos. 2 to 4 and if any adverse order is passed, the applicant shall be at liberty to approach this Court again challenging the said order. ( 8 ) WITH this observation, this petition is disposed of. ( 9 ) C. C. as per rules. --- *** --- .