IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4016 of 2000 Date of decision: 11th August, 2010 Dr.J.C. Saini and others … Petitioners Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Raj Kumar Sharma, Advocate for the petitioners. Mr. J.S. Puri, Additional Advocate General, Punjab for respondents No.1 and 2. Mr. Namit Kumar, Advocate for respondents No.3 and 4. None for respondent No.5. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed by 56 employees of erstwhile Shivalik College, Naya Nangal, District Ropar Punjab (now Govt. Shivalik College, Naya Nangal, District Ropar). It has been prayed therein that the Municipal Council, Nangal should release the Gratuity and Leave Encashment due to the petitioners on account of service rendered by them in the college till the same was managed by the Municipal Council. It is not disputed that with effect from 12th May, 1997 the college was taken over by the State Government. In the written statement filed, Municipal Council has stated that the Gratuity and Leave Encashment due to the petitioners, being retiral benefits, shall be paid to them at the time of their retirement. Counsel for the petitioners has relied upon a notification (Annexure P-2), whereby the college managed by the Municipal Council was taken over by the State Government. Clause 6 of the same reads as under: Civil Writ Petition No.4016 of 2000 “6. The Managements will ensure that the staff engaged in the college has been fully paid their salaries and other dues before the college is taken over by the Govt. Any arrears due to the staff on the date of taking over will be the liability of the Management.” From a perusal of Clause 6 of the notification, it cannot be said that the petitioners have retired. It only shows that their services have been transferred to the State Government. The Municipal Council, being employer of petitioners, has taken a very fair stand that the petitioners will be entitled to Death-cum- Retirement Gratuity and Leave Encashment, which has fallen to their share at the time of their retirement. It is not disputed that during the pendency of the present writ petition, six employees of the college have retired and at the time of their retirement, the Municipal Council has released the amount of Death-cum- Retirement Gratuity and Leave Encashment, which fell to their share, along with the amount paid by the State Government. The stand taken by the Municipal Council, being very fair, no intervention is warranted in the present writ petition, as an employee is entitled to Death-cum-Retirement Gratuity and Leave Encashment only at the time when it becomes due, i.e. the date of his superannuation or death during the course of employment. Hence, the present petition is hereby dismissed, being devoid of any merit. [KANWALJIT SINGH AHLUWALIA] JUDGE August 11, 2010 rps 2