CWP No 6639 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.6639 of 2011 Date of Decision 6.9. 2011 D.A.V. College Dayanand Nagar, Bathinda ..Petitioner Versus State of Punjab and another ..Respondents CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA Present : Mr.J.S.Jaidka, Advocate for Mr. T.S.Dhindsa, Advocate for the petitioner. Mr. S.S.Sahu, Assistant Advocate General, Punjab for the respondents. RAJIVE BHALLA, J ( ORAL) The petitioner prays for issuance of a writ in the nature of mandamus to direct the respondents to release 95% grant-in-aid, admittedly withheld by them. Counsel for the petitioner submits that admittedly the petitioner-College is entitled to receive grant-in-aid of 95%. The grant- in-aid has been withheld from the last quarter of the financial year 2009-10 without any reason. A writ in the nature of mandamus may be issued to the respondents to pay this amount. Counsel for the State of Punjab submits that grant-in-aid was withheld as the petitioner-college has not discharged its liability towards retired teachers. The State is obliged to ensure that retired teachers are not exploited and are paid their retiral benefits. It is CWP No 6639 of 2011 2 prayed that petitioner-college may be directed to discharge its liability towards retired teachers before grant-in-aid is released. In response to the latter argument, counsel for the petitioner-college submits that dues of all retirees have been paid, except leave encashment, which is not payable, as CWP No. 22868 of 2010 is pending consideration on this point. The petitioner-college undertakes to pay leave encashment to the retired teachers if the writ petition is decided in their favour. I have heard counsel for the parties and perused the paper- book. The State has withheld grant-in-aid as the petitoner has, allegedly, not paid the dues of retired teachers. The object, though laudable, has linked two different issues. The grievance of the retired teachers can be addressed by asking them to submit affidavits of the amount due, except leave encashment, and if not paid, by deducting the amount from arrears of grant in aid. By adopting this procedure, the respondents are punishing in service teachers. In view of what has been recorded above, the writ petition is disposed of with the direction to respondent no.2 to release grant-in- aid, due to the petitioner-college, after it furnishes affidavits, duly sworn by retired teachers, deposing therein that they have received their retiral benefits, except leave encashment. In case such affidavits are filed before respondent no.2, he shall ensure that grant- in-aid is released to the petitioner-college, within one month. Before receiving grant-in-aid, the petitioner-college shall file an undertaking, before the Director, Public Instructions (Colleges), Punjab, that if Civil Writ Petition No. 22868 of 2010 is decided in favour of the CWP No 6639 of 2011 3 teachers, they shall pay the amount of leave encashment to the retired teachers or would have no objection if it is deducted by the State from the grant-in-aid and paid directly to the teachers though after prior notice to the petitioner-college. 6.9.2011 ( RAJIVE BHALLA ) VK JUDGE