Judgment :- 1. Petitioner seeks Writ of Certiorarified Mandamus, to quash the Order of the Respondent in proceedings Lr.No.52365/LR.I(1)/98-11 dated 3. 2000 and direct the Respondent to pay the Petitioner the gratuity amount of Rs.88,775/- representing 5 months pay together with interest at 18% p.a. from 011. 1995. 2. Brief facts in a nutshell are as follows:- (i) The Petitioner joined the Indian Administrative Service and was allotted to Tamil Nadu and he worked in various capacities and he retired from service in April 1990. After the Constitution of Tamil Nadu Land Reforms Special Appellate Tribunal, on 011. 1990, the Petitioner was appointed as Vice-Chairman of the Tribunal. After putting in five years of service, the Petitioner retired from the position of vice-chairman on 30.10.1995 AN. (ii) Since, the Petitioner was not paid the gratuity, he made a representation dated 24.09.1998 to the Respondent, requesting for award of gratuity in accordance with law. The Respondent by proceedings dated 08.03.2000 informed the Petitioner that his request for gratuity cannot be complied with. Challenging the letter of refusal to pay gratuity, the Petitioner has filed the present Writ Petition. 3. Heard the learned Senior Counsel for the Petitioner Mr. K. Chandramouli, and the learned Govt. Advocate Mrs. Geetha Thamaraiselvan. 4. Service conditions of appointees to the appointment of Tamil Nadu Land Reforms (Special Appellate Tribunal) Rules are governed by rules and orders belonging to Indian Administrative Service (IAS). Rule 17 reads as under: "17. Residuary provision.- The conditions of service of the Chairman, Vice Chairman or other Member for which no express provision is available in these rules shall be determined by the rules and orders for the time being applicable to officers of corresponding pay levels belonging to the Indian Administrative Service." 5. Rule 2 (c) of All India Services (death-cum-Retirement Benefits) Rules, 1958 deals with gratuity. As per Rule 2(c) "gratuity" means the lump sum specified in sub-rule (1) of rule 18) which may be granted to a person retiring from the Service before completion of 10 years of qualifying service. As per Rule 2(j) retirement benefits includes pension or gratuity and death-cum-retirement gratuity. 6. As per Rule 2(c) "gratuity" means the lump sum specified in sub-rule (1) of rule 18) which may be granted to a person retiring from the Service before completion of 10 years of qualifying service. As per Rule 2(j) retirement benefits includes pension or gratuity and death-cum-retirement gratuity. 6. As per Rule 18(a) in case, a member of the Service retires from service in accordance with the provisions of these rules, before completing qualifying service of ten years, gratuity shall be admissible at the rate of half months pay of each completed six monthly periods of qualifying service. By combined reading of Rule 17 and 18-A, the Petitioner will be entitled to get Gratuity. 7. On behalf of the Respondent Ms. Geetha Thamaraiselvan, G.P. contended that the word and other perquisites is conspicuously absence under Rule 17 and if the intention of the Legislature is in favour of payment of gratuity a specific provision would have been made in the rules since a provision under Rule 9 has been made for the payment of pension. It was therefore contended that there is no provision under the Tamil Nadu Land Reforms Special Appellate Tribunal Rules for the payment of gratuity for the services rendered in the Tamil Nadu Land Reforms Special Appellate Tribunal and while so, All India Services (DCRG) benefits cannot be invoked under the provision of Rule 17 of Tamil Nadu Land Reforms Special Appellate Tribunal Rules and the payment of gratuity for the services rendered by the Petitioner in the Tribunal does not arise. 8. The above contention does not merit acceptance. As pointed out earlier, residuary provision under Rule 17 states that the conditions of service for which no express provision is available in these Rules shall be determined by the Rules relating to Indian Administrative Service. When no provision is made for payment of gratuity, evidently, the Petitioner is governed by the Rules relating to All India Administrative Service Rules. 9. As per Article 366 (17) of Constitution of India Pension benefits, retirement benefits includes retired pay and gratuity so payable. The Petitioner having been appointed as Vice Chairman of Tamil Nadu Land Reforms Special Appellate Tribunal the provisions is governed by All India Service Government (DCRB) or Benefits Rules. 9. As per Article 366 (17) of Constitution of India Pension benefits, retirement benefits includes retired pay and gratuity so payable. The Petitioner having been appointed as Vice Chairman of Tamil Nadu Land Reforms Special Appellate Tribunal the provisions is governed by All India Service Government (DCRB) or Benefits Rules. As per the rules when member of service retires before completing qualifying service of less than ten years, gratuity shall be admissible at the rate of half months pay of each completed six monthly periods of qualifying service. The impugned order did not keep in view the relevant provisions. The 1st Respondent was not right in declining payment of gratuity for the service rendered by the Petitioner in Indian Administrative Service. 10. In the result, the writ petition is allowed. Respondent is directed to pay gratuity payable to the Petitioner within a period of eight weeks from the date of receipt of copy of this order.