LAWS(P&H)-2011-4-424

ANGLO SANSKRIT HIGH SCHOOL KHANNA TRUST AND MANAGEMENT SOCIETY (REGD ), KHANNA AND ANOTHER Vs. STATE OF PUNJAB AND OTHERS

Decided On April 05, 2011
ANGLO SANSKRIT HIGH SCHOOL KHANNA TRUST AND MANAGEMENT SOCIETY (REGD ), KHANNA AND ANOTHER Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 06.07.2010 rendered by learned Single Judge disposing of two writ petitions involving the issue as to whether the writ petitioner-respondents No. 3 and 4 were entitled to payment of gratuity, full leave encashment and contributory provident fund by calculating the same at the rate of 10% of the salary. The learned Single Judge has adjudicated on the issue of contributory provident fund and no adjudication was felt necessary because the balance gratuity and leave encashment were paid during the pendency of the writ proceedings.

(2.) Brief facts of the case are that the writ petitioner-respondents were employees of the appellant college, which is a private aided institution. They had joined service on various dates and have retired on attaining the age of superannuation. The detail of writ petitioner-respondents 3 to 9 showing their date of appointment and retirement is given in the following table :- <FRM>JUDGEMENT_424_LAWS(P&H)4_20111.html</FRM>

(3.) The appellant is affiliated with the Panjab University and the service conditions of its employees are governed by the conditions of service and conduct of teachers in non-government affiliated colleges as incorporated in Panjab University Calendar. The appellant-college also receives 95% aid from the respondent-State of Punjab and in matters concerning disciplinary action, its employees are governed by the provisions of Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974. When the management refused to pay them full benefits of leave encashment, gratuity and the contributory provident fund then, they approached this Court for payment of complete and full financial benefits. The learned Single Judge after noticing that the payment of balance gratuity and full leave encashment along with interest has been made by the appellant voluntarily during the pendency of the writ petitions then, no necessity was felt to decide the issues concerning entitlement of the writ petitioner-respondents. The only question decided by the learned Single Judge is whether the writ petitioner-respondents were entitled to contributory provident fund by calculating the same at the rate of 10% of the salary in contrast to the benefit conceded by the appellant namely that it was payable at the rate of 8% of the basic pay. In support of their claim the writ petitioner/respondents have placed reliance on the provisions of Para 12.3 Chapter VIII (E) Vol.I of Panjab University Calendar as also Para 3 of Annexure II of the Policy instructions dated 21.03.1979, which defined pay to mean pay plus all allowances excluding house rent allowance. The view of the learned Single Judge is discernible from the concluding para of the judgment :-