JUDGMENT 1. The petitioner is aggrieved against the order of the respondent, dated 04.12.2003, whereby his request for payment of gratuity was rejected by the respondent. The petitioner also seeks for a direction to the respondent to pay service gratuity and pension for the qualifying service of 12 years, 1 month and 18 days together with interest and consequential arrears of pension from the date of his discharge. 2. The case of the petitioner is that he joined service in Central Reserve Police as 'Constable' on 01.04.1991. He was discharged from service on 18.05.2003. During his tenure as 'Constable', his character was assessed as exemplary. After retirement, the petitioner was not paid service gratuity and pension. He made a representation to the authorities for payment of the pension and service gratuity. By way of the impugned order, the respondent informed the petitioner that service gratuity is not payable to the petitioner. Therefore, the present writ petition is filed before this court. 3. The respondent filed a counter affidavit and stated that the petitioner, who had put in service of his own is not eligible for getting pension and other service gratuity. The petitioner joined the service on 01.04.1991 and was discharged on 18.05.2003. The length of service of the petitioner was less than 20 years. As the petitioner did not complete 20 years of qualifying service, the present relief sought for in this writ petition, was rejected by the respondent. 4. The learned Counsel appearing for the petitioner submitted that the petitioner had put in 12 years, 1 month and 18 days of service, which is admittedly more than 10 years of required service for getting the pension and other gratuity. Therefore, the learned Counsel submitted that the respondent is not justified in rejecting the claim of the petitioner. 5. The learned Standing Counsel appearing for the respondent fairly submitted that as per Rule 49(2)(b) of the CCS (Pension) Rule, 1972, the petitioner is entitled to get pension and other benefits proportionately, according to the total service rendered by him. 6. Therefore, the learned Counsel submitted that the respondent is not justified in rejecting the claim of the petitioner. 5. The learned Standing Counsel appearing for the respondent fairly submitted that as per Rule 49(2)(b) of the CCS (Pension) Rule, 1972, the petitioner is entitled to get pension and other benefits proportionately, according to the total service rendered by him. 6. A perusal of the said provision also indicates that in the case of a Government servant, retiring in accordance with the provision of those Rules, before completing the qualifying service of 33 years, but after completing qualifying service 10 years, the amount of pension shall be proportionate to the amount of pension admissible under clause A and in no case, the amount of pension shall be less than Rs.375/- per month. Therefore, when the petitioner had admittedly put in more than 10 years of service, he is certainly entitled to be considered for pension and other benefits. What will be the quantum of pension and other benefits payable to the petitioner has to be arrived at only by applying the said provision, which says that only proportionate payment shall be payable to the persons, who have put in more than 10 years and less than 33 years. 7. Therefore, the impugned order, in this writ petition cannot be justified and consequently, the same is set aside and the matter is remitted back to the respondent to arrive at the pension and gratuity payable to the petitioner, by applying Rule 49(2)(b) of the said Rules and pass appropriate orders and disburse the payment payable to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. 8. The writ petition is ordered accordingly. No costs.