IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.16834 of 2010 Date of Decision : September 17, 2010. Sri Guru Gobind Singh Khalsa College, Mahilpur .....Petitioner versus Mohinder Singh Chaudhary and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Rajesh K.Dadwal, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) One of the contentious issues raised on behalf of the respondent-retired Lecturers before the Educational Tribunal was with regard to their entitlement to the enhanced gratuity. The learned Tribunal took it as point No.1 and has held as follows:- “15. With regard to Point No.1 formulated above as to whether petitioners are entitled to enhanced gratuity or not, they are relying upon Panjab University letter dated 14.10.2009 and the Punjab Government Circular dated 17.8.2009. A reading of this would show that this enhancement has been made applicable in case of teachers and non-teaching employees of non-government affiliated colleges of Panjab University w.e.f. 1.1.2006. Respondent No.2 is an aided institution. It is a non government C.W.P.No .16834 of 2010 2 affiliated college which is affiliated with Panjab University. If we examine the case of the petitioner Nos.1 to 3 from both angles that the circular of Punjab Government has been adopted by Panjab University and that Punjab Government has already taken a decision to pay gratuity at the rate of Rs.10 lacs, petitioner Nos.1 to 3 who admittedly retired after 1.1.2006 would be entitled to this amount each. There is no rebuttal of the respondents to this claim made by petitioner Nos.1 to 3. Therefore, the first point is decided in favour of petitioner Nos.1 to 3 against respondents who are directed to pay difference of the enhanced gratuity. If respondent No.2 pay the same from its personal resources, it may stake claim from the State Government in accordance with law which may examine the claim made by the respondent No.2 and dispose of the same according to Rules within three months from the date of receipt of any reference by respondent No.2. We are not included to give any interest on this amount as it is not the policy of the State Government to grant any interest....” There is no denial to the fact that in terms of the Government circular duly endorsed by the University and forwarded vide letter dated 14.7.1999, the enhanced amount of gratuity is payable w.e.f. 1.1.2006. The private respondents who retired on different dates but after 1.1.2006, have therefor, been rightly held entitled by the Tribunal for the enhanced gratuity. No interference with the Tribunal's order dated 30.3.2010 (Annexure P-4) on its order dated 28.7.2010 (Annexure P-6) dismissing C.W.P.No .16834 of 2010 3 the review application moved by the petitioner-Management is called for by this Court in exercise of its writ jurisdiction. Faced with this, learned counsel for the petitioner states that the State Government shall not release any aid to the petitioner-college under the grant-in-aid Scheme for payment of the arrears of the enhanced gratuity. Suffice it to observe that the petitioner-college after making payment to the private respondents, shall be at liberty to put-forth its claim before the State Government/DPI (Colleges) in accordance with the Grant- in-Aid Scheme. The State Government/DPI (Colleges) are directed to consider the petitioner-college's claim as and when put up and dispose of the same in accordance with law, within a period of two months of its receiving. Ordered accordingly. Dasti. September 17, 2010 (SURYA KANT) Mohinder JUDGE