CWP-2873, 2874, 2875, 7848-2005 (O/M) and 19031-2014 (O/M). Case: Paramjit Singh Bansal and Ors. Vs Panjab University, Chandigarh and Ors.. High Court of Punjab (India)

Case NumberCWP-2873, 2874, 2875, 7848-2005 (O/M) and 19031-2014 (O/M)
CounselFor Appellant: Puneet Jindal, Senior Advocate and Sakshi, Advocate and For Respondents: Alok Jain, Additional A.G.
JudgesKuldip Singh, J.
IssueService Law
Judgement DateFebruary 06, 2017
CourtHigh Court of Punjab (India)

Judgment:

Kuldip Singh, J.

  1. By this single judgment, I shall dispose of five above mentioned writ petitions bearing number CWP-2873-2005, CWP-2874-2005, CWP-2875-2005, CWP-7848-2005 and CWP-19031-2005, involving the identical facts. The petitioners in all the cases are retired Lecturers, Officiating Principals, Principals and in CWP-7848-2005, petitioner No. 9 is a retired Peon. The facts of the case are extracted from the lead case i.e. CWP-2873-2005.

  2. The petitioners were working as Lecturers, Officiating Principals, Principals in respondent-Privately Managed Government Aided Colleges. It is Khalsa College, Garhdiwala, District Hoshiarpur, in CWP-2873-2005 and CWP-2874-2005, whereas it is Babbar Akali Memorial Khalsa College, Garshankar, District Hoshiarpur in CWP-2875-2005. In the first three petitions, the colleges are affiliated to Panjab University, Chandigarh. In CWP-7848-2005, it is Mata Gujri College, Fatehgarh Sahib, affiliated to Punjabi University, Patiala. In CWP-19031-2014, it is Shri Sanatan Dharam Girls College, Bathinda, which is also affiliated to Punjabi University, Patiala. The petitioners in some of the writ petitions have been paid part of the gratuity and the remaining part of the gratuity is not paid. In some of the cases, the petitioners claim that the entire provident fund has also not been released. The petitioners also claim that they are entitled to leave encashment, which has not been paid to them. They are also entitled to interest on the delayed payment of the gratuity. In CWP-19031-2014, the petitioner claims that she is entitled to enhanced gratuity of Rs. 6,50,000/-. In the lead case (CWP-2873-2005), the petitioner claims that he retired as a Lecturer in Political Science on 28.2.2002, same is the date of retirement of the petitioner in CWP-2875-2005. In case of CWP-2874-2005, the date of retirement of the petitioner is 31.1.2003. In case of CWP-7848-2005, the date of retirement of the petitioners is between the years 1998 to 2002 and in case of CWP-19031-2014, the date of retirement of the petitioner is 31.8.2008. Therefore, in all the writ petitions, the question has been raised regarding release of balance gratuity, interest on the delayed payment of gratuity, release of provident fund and entitlement to leave encashment. In case of CWP-2875-2005, the revised house rent allowance in lieu of rent free accommodation is also claimed as per the instructions of the Panjab University.

  3. In the reply, the Managing Committee of Khalsa College, Gardhiwala, District Hoshiarpur, has taken the stand that for the payment of gratuity and provident fund, a communication has been sent to the petitioner to produce no dues certificate and collect the cheque but the petitioner has not produced the no dues certificate. The payment of gratuity amounting to Rs. 1,75,000/- has been made and the provident fund to the tune of Rs. 2,19,232-70 will be brought on the next date of hearing. However, the claim was contested regarding the leave encashment. It was submitted that the petitioner is not entitled for the same. It was stated that as per Rule 8.117 of Punjab Civil Services Rules, Volume-I, Part-II, an employee in the vacation department in respect of duty performed in any year, in which he avails himself full vacation, is not entitled to get the benefit of earned leave. The Lecturers are entitled to summer vacations for a period of 1 1/2 months. They are also entitled to winter vacations for a period of 8-10 days and another autumn break of 10 days. Therefore, they being the employees of vacation department are not entitled to the benefit of leave encashment.

  4. The Panjab University, Chandigarh, in the written statement has taken the stand that the petitioner is entitled to gratuity in terms of Regulation 13.1 of Chapter VIII-E of the Panjab University Calendar, Volume-1, 2000. The provision has also been made for payment of provident fund to the teachers in the non Government affiliated colleges on their retirement under Regulations 12.1 and 12.2 of Chapter VIII-E of Panjab University Calendar, Volume-1, 2000. There is no provision in the Panjab University Calendar nor there are any rules and regulations framed for encashment of un-availed leave.

  5. The Director of Public Instructions (Colleges), Punjab, has taken the stand that the management of Government Aided Privately Managed College is to grant the gratuity, leave encashment and provident fund and that the DPI (Colleges) has nothing to do with the same.

  6. The petitioner filed the rejoinder, in which he claimed that the remaining gratuity was received during the pendency of the present writ petition and he is entitled to interest on the delayed payment of the gratuity. The provident fund is lying with the Regional Provident Fund Commissioner and some amount is still lying with the Regional Provident Fund Commissioner, which has not been released. Regarding the leave encashment, it was claimed that the petitioner is entitled to leave encashment as Rule 8.117 (a) of Punjab Civil Services Rules, Volume-I, Part-I has been amended with effect from 1.1.1990 and the Panjab University has circulated the amendment through the circular dated 8.3.1990/22.10.1990, effective from 1.1.1990 (Annexure-P-14). As per the said circular dated 8.3.1990/22.10.1990 (Annexure-P-14), the members of the teaching faculty, who enjoy vacations, are entitled to 8 days' earned leave in every completed year spent on duty. This eight days' earned leave is apart from the earned leave accrued in favour of the employees as a result of the duties being performed by him during summer vacations in terms of Rule 8.117 (b) of Punjab Civil Services Rules, Volume-I, Part-I. Once the earned leave is credited in the account of the petitioner with effect from 1.1.1990, as per circular dated 8.3.1990/22.10.1990 (Annexure-P-14), on the date of retirement, the petitioner is entitled to encashment of un-utilized earned leave.

  7. In CWP-2875-2005, the petitioner, who retired as a Principal from Babbar Akali Memorial Khalsa College, Garshankar, District Hoshiarpur, has claimed that as per the letter/circular dated 9.4.1992 (Annexure-P-2), issued by the Panjab University, Chandigarh, the Principal is...

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