Civil Writ Petition No. 16730 of 1998 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 16730 of 1998 Date of Decision: 17.11.2008 Prof. S.K. Kalra …Petitioner Versus Panjab University, Chandigarh and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rajesh Kumar Dadwal, Advocate for the petitioner. None for respondent No.1. Mr. Satish Bhanot, Senior Deputy Advocate General, Punjab for respondent No.2. Mr. T.S.Dhindsa, Advocate for respondents No.3 and 4. Kanwaljit Singh Ahluwalia, J. Vide separate order passed in Civil Misc. No. 21796 of 2008, today, present writ petition has been taken up for disposal. The present writ petition has been filed by Professor S.K. Kalra against Panjab University, Chandigarh; Director, Public Instructions (Colleges), Punjab, Chandigarh; Principal, Malwa College, Samrala, District Ludhiana; and the President, Managing Committee, Malwa College, Samrala, District Ludhiana, praying that a Writ in the nature of mandamus under Article 226 of the Constitution be issued Civil Writ Petition No. 16730 of 1998 2 directing the respondents to release the gratuity and earned leave for 56 days. It was stated in the writ petition that the petitioner served as a Lecturer in Malwa College, Samrala, District Ludhiana, respondent No.3 is Principal and respondent No.4 is President of the Managing Committee of the said College. It has been stated that the College has been receiving 95% grant-in-aid from the State of Punjab through respondent No.2 and the College has been affiliated to Panjab University, Chandigarh, respondent No.1. It is stated that the petitioner has served the College for 27½ years and had been superannuated on 31.1.1997. A grievance was made that the respondent-College has failed to make payment of gratuity amounting to Rs.1,67,623/- and earned leave for 56 days, which comes to Rs.22,400/-. The matter of private college employee regarding release of leave encashment, payment of difference of basic pay on account of revised fixation under the bunching scheme w.e.f. 1.1.1996, payment of difference of allowances like DA, HRA, Medical etc. and other arrears was considered by a Division Bench of this Court in KC Sharma v. State of Punjab and Others (Civil Writ Petition No. 3583 of 2007 decided on 17.12.2007 and it was held as under:- “We find that issue of claim of the teachers of Aided Colleges has been considered in several orders of this Court, which can be summarised as under:- (i) Judgment of DB of this Court dated 21.12.2005 in CWP No.149 of 2005 (Gurdial Kaur Civil Writ Petition No. 16730 of 1998 3 Padda v. State of Punjab and others), holding that gratuity was payable to the teachers of Aided Colleges affiliated to a University and the said liability is to be met by the colleges. Reference was also made to earlier judgments of this Court in Ajmer Singh v. The State of Punjab and others, 1996(2) PLR 113, Hindu College governing Council and another v. Shri N.D.Malhotra and another, 1993(1) RSJ 757 and Surjit Kaur v. State of Punjab and others, 2005(1) RSJ 697. Reference was also made to judgment of the Hon'ble Supreme Court in Ahmedabad Pvt. Primary Teachers' Association v. Administrative Officer, JT 2004(2) SC 27 and the said judgement was held to be distinguishable. (ii) The issue of leave encashment has been settled in a DB judgment of this Court dated 14.2.2005 in CWP No.10518 of 2003 (Mohan Singh v. State of Punjab and others) and it was held that the College being affiliated to University, leave encashment was liable to be paid. Reliance was placed on earlier judgments of this Court in Ajmer Singh, Hindu College and judgment of the Hon'ble Supreme Court in Shri Anadi Mukta (supra) and it was held that liability for leave encashment was of the College. Civil Writ Petition No. 16730 of 1998 4 (iii) The issue of revised pay has been dealt with in Suram Singh and Sadhu Singh (supra) and while in Suram Singh, (supra), a direction was issued that arrears of revision of pay scales will be given on receipt of grant from the State Government, in Sadhu Singh, (supra), it was directed that the State Government should release the grant. From the scheme of grant-in-aid, Annexure D3, it is clear that for pay and allowances, grant-in-aid has to be paid. From Annexure D4, circular of the Central Government dated 27.7.1998, the Central Government has provided financial assistance to the State Government who revised pay scales to the extent of 80% of the additional expenditure involved and the State Governments were to meet the remaining 20% expenditure. The State of Punjab vide notification dated 24.3.1999, Annexure D5 revised the pay scales of Privately Affiliated Colleges in the State of Punjab at par with the Government Colleges w.e.f 1.1.1996. From the above, it is clear that liability to give arrears w.e.f 1.1.1996 is of the State of Punjab and 95% aid has to be given by the State Government”. Accordingly, it is directed that respondents No. 3 and 4, irrespective of the aid received from the State, pay the amount of Civil Writ Petition No. 16730 of 1998 5 gratuity within a period of one month from the date of receipt of copy of this order and they shall also be liable to pay 9% interest on the delayed payment. Any other retiral benefit due shall be paid to the petitioner in terms of judgment rendered by the Division Bench of this Court in K.C.Sharma's case (supra). The present writ petition is allowed in above terms. (Kanwaljit Singh Ahluwalia) Judge November 17, 2008 “DK”