COCP No.1897 of 2008 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1897 of 2008 (O&M) Date of decision: August 28, 2009. Rajinder Kumar ...Petitioner(s) v. Smt. Anjali Bhawra & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Shri Hemen Aggarwal, Advocate, for the petitioner. Shri M.C. Berry, Additional Advocate General, Punjab for respondents No.1 & 2. Shri Rajiv Narain Raina, Advocate, for respondent No.3. ORDER Rakesh Kumar Garg, J. (Oral): CM No.20145-CII of 2009 Civil Misc. application is allowed subject to just exceptions. COCP No.1897 of 2008 As per the averments made in this petition, the petitioner filed CWP No.3195 of 2007 claiming a direction against the respondents to release the pending arrears of the petitioner pertaining to leave encashment, gratuity and provident fund, etc. The aforesaid writ petition was disposed of by this Court vide judgment dated 22.5.2008. The present petition has been filed by the petitioner alleging the COCP No.1897 of 2008 -: 2 :- violation of the aforesaid order stating that his claim has not been settled as per the aforesaid judgment. In reply to the show cause notice issued by this Court, an affidavit of respondent No.3 has been filed wherein it has been submitted as under:- “3. That the answering respondent on 4.8.2006 had forwarded the case of the petitioner to DPI (Colleges), Punjab along with the service book of the petitioner for fixation of revised pay scale requesting return of service book to the college after verification. This was done after accepting the revised pay scales of Laboratory staff as sanctioned by Punjab Government vide resolution No.19 dated 7.7.2006 of the Managing Committee of the college. The DPI (Colleges) took no steps thereafter nor informed the College. 4. That the College has paid a sum of Rs.3,52,000/- to the petitioner towards Provident Fund and gratuity. On re- examining its record it has the college has now found that inadvertently by clerical error of its account department as sum of Rs.14,665.05 remains to be paid and the answering respondent undertakes to furnish this balance amount on 28.8.2009 to the petitioner at the hearing. The true amounts are Rs.1,90,577.05 towards PF and a sum of Rs.1,76,085/- towards Gratuity. The error is bona fide but regretted. 5. That claim for Leave Encashment is misplaced since the petitioner had utilized his earned leave and that is why COCP No.1897 of 2008 -: 3 :- nothing is due in this regard.” Shri Raina, learned counsel appearing for the respondent- Management has also handed over a cheque of Rs.14,666/- drawn in the name of the petitioner purporting to be the balance amount of Provident Fund and gratuity and has stated that the claim with regard to the gratuity and provident fund of the petitioner stands satisfied. Shri M.C. Berry, Additional Advocate General, Punjab has stated that the government vide its letter dated 27.8.2009 has sanctioned an amount of Rs.2,50,694/- as 95% grant-in-aid for further payment to the petitioner in respect of his arrears of salary on account of revision of pay scales. Shri Berry has further submitted that the aforesaid amount shall be paid to the respondent-College within one month from today. Shri Raina has further stated that on receipt of the aforesaid amount of grant-in-aid from respondent No.1, the petitioner shall be paid the total arrears on account of revision of pay within two weeks thereafter. In view of the aforesaid facts that the grievance of the petitioner has been substantially redressed, I am not inclined to proceed further in this contempt petition. Rule discharged. However, the petitioner shall be at liberty to submit a representation with regard to miscalculations of arrears, if any. If any such representation is filed, the same shall be disposed of by passing a speaking order within two months from the date of receipt thereof. It is needless to say that if arrears are found due to the petitioner, the same shall be paid to him within one month from the of such order and in case the aforesaid representation is rejected, the order shall be COCP No.1897 of 2008 -: 4 :- communicated to him. August 28, 2009. [ Rakesh Kumar Garg ] kadyan Judge