C.M.No.21850 of 2008 & [1] C. W. P. No. 16001 of 2003 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M.No.21850 of 2008 & C. W. P. No. 16001 of 2003 Date of Decision: 18 - 11 - 2008 Prof. H.S.Gill ....Petitioner v. State of Punjab and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Ashish Grover, Advocate for the petitioner. Mr.Satish Bhanot, Sr.DAG, Punjab. Mr.Kanwaljit Singh, Sr.Advocate with Mr.G.S.Ghuman, Advocate. for the Punjabi University. *** KANWALJIT SINGH AHLUWALIA (ORAL) Counsel for the respondents state that they have no objection if the main case itself is taken up for hearing. Accordingly, the writ petition itself is taken up for hearing as the respondents have conceded case of the petitioner. The present writ petition has been filed by Prof. H.S.Gill son of Shri Ajit Singh Gill seeking benefit of gratuity and leave encashment. It has been stated that he was employed in Guru Kashi College, Damdama Sahib which was earlier run by a Managing Committee and the said College was affiliated to Punjabi University. 95% grant-in-aid was given by State of C.M.No.21850 of 2008 & [2] C. W. P. No. 16001 of 2003 Punjab. It is stated that grant-in-aid to the College was given till 30.4.2001 and thereafter the assets and liabilities of the College were taken over by the Punjabi University and the same is now being run under the control of the respondent-University. University has been impleaded as respondents No.3 and 4. A short reply has been filed on behalf of respondents No.1 and 2. The petitioner is said to have served the College for a period of above 26 years and he retired on attaining the age of superannuation on 31.5.2000. This Court has dealt with the issue regarding entitlement of Lecturers employed in affiliated Colleges to Punjab University and Punjabi University. Those affiliated Colleges which receive grant-in-aid from the Government, their Lecturers were held entitled to payment of gratuity and leave encashment and it could not be denied to them if there is delay on the part of the State Government to reimburse grant-in-aid. The entire controversy was examined by this Court in K.C.Sharma v. State of Punjab and others, Civil Writ Petition No.3583 of 2007, decided on 17.12.2007 and the case of K.C.Sharma (supra) has been relied upon by a learned Single Judge of this Court in Prof. Roshan Singh v. State of Punjab and others (CM No.839 of 2008 and CWP No.15691 of 2004, decided on 7.5.2008). Roshan Singh was none else but a co-employee of the petitioner. Therefore, case of the petitioner is allowed in the same terms as in Prof.Roshan Singh's case (supra). ( KANWALJIT SINGH AHLUWALIA ) November 18, 2008. JUDGE RC