SUBHAS CHANDRA LEKHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed by the petitioners for issuing directions to the respondents to release the arrears of balance amount of gratuity and additional amount of leave encashment due to them on account of revision of pay scale w.e.f. 1.1.2006 and also the arrears towards salary on account of revision of pay scales w.e.f. 1.1.2006 till the date of their retirement as well as interest on the consequential benefits.

(2.) The petitioners were working with respondent-College and joined their services during the period w.e.f. 1970 to 1976. Respondent- College has been receiving grant-in-aid from the State Government under the grant-in-aid scheme and all the petitioners were working against the post governed under that scheme. On their retirement they received an amount of Rs. 3,50,000/- each as gratuity as per then existing pay scales. The State of Punjab implemented the recommendations of Fifth Punjab Pay Commission regarding pension and other retiral benefits for those employees who retired on or after 1.1.2006 vide circular dated 17.8.2009. In September, 2009 again the pay-scales of teachers and equivalent caders were revised by the State Government of the employees working in Universities and Colleges w.e.f. 1.1.2006 vide notification dated 2.9.2009. The petitioners were entitled for the benefits provided under Circular dated 17.8.2009 as well as notification dated 2.9.2009. A letter was written by the Punjab University to all Principals of Non-Government Colleges affiliated to it including the respondent-College with regard to decision of the State Government of increasing the maximum limit of retirement-cum-death gratuity from Rs. 3.5 lacs to Rs. 10 lacs vide letter dated 23.9.2009. The University vide its letter dated 14.10.2009 again clarified the said increase by stating that same is applicable in the case of teaching as well as non- teaching employees of Non-Government affiliated Colleges of Punjab University w.e.f. 1.1.2006. Representations were sent by the petitioners to respondent- College for release of balance amount of gratuity of Rs. 6.50 lacs but no reply of the representation has been given by the respondent-College.

(3.) Learned counsel for the petitioner submits that stand of the respondent- College as mentioned in the letter dated 22.7.2010 was that the decision about the payment of arrears of revised gratuity was with regard to those employees who retired between 1.1.2006 and 31.7.2009. Learned counsel further submits that subsequently in August, 2010, the Punjab Government vide letter dated 13.8.2010 conveyed its decision that the arrears of gratuity to those employees who retired between 1.1.2006 and 31.7.2009 be paid immediately but inspite of issuance of said letter, the petitioners were paid nothing. Learned counsel also submits that subsequently also the petitioners filed representations to the respondent-College but the same has not been decided. It is also the argument of learned counsel for the petitioners that similarly situated employees also approached this Court by way of filing C.W.P. No. 8774 of 2004 with regard to same relief and the same was allowed vide order dated 6.7.2010 in view of Division Bench judgment of this Court in Hindu College Governing Council and another v. Sh. N.D. Malhotra and another, 1993 1 RSJ 757. The interest at the rate of 9 % per annum was also allowed from the date when it became due till the date payment is made. The relevant portion of the judgment reads as under:-