SHAILENDRA BHARDWAJ Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) The petitioner seeks for a direction by mandamus to accept the resignation of the petitioner and to release the retiral benefits payable to the petitioner. As per the Regulation 13.1 of the Panjab University Calendar, Volume I, the entitlement of the petitioner is rooted to a proposition that has been laid down through a judgment of this Court in Balvinder Kumar Versus The Panjab University and others in CWP No. 1127 of 2009, decided on 11.12.2009. The said judgment has been rendered particularly by placing reliance on an earlier Division Bench ruling of this Court in Ajmer Singh Versus State of Punjab etc.,1996 2 PunLR 113. There has been also a decision in Ahmedabad Private Primary Teachers Association Versus Administrative Officer and others,2004 2 RSJ 315, where the Hon'ble Supreme Court has dealt with the entitlement to gratuity in a case that results in termination of service either on account of superannuation or due to his disablement or impairment of vital part of the body. Dealing with the issue that gratuity is an amount unconnected with any consideration and not resting upon service, the Hon'ble Supreme Court held that the amount has to be considered as something given freely, voluntarily or without recompense, and it is a measure of financial assistance to tide over post-retiral hardships and inconveniences. In my view, the case would require to be considered favourably for the petitioner in the light of the law laid down that the petitioner's retirement ought to have been accepted and the retiral benefits, namely, gratuity and leave encashment ought to have been taken as admissible to him for the service rendered with the respondents. That amount shall be calculated and released to the petitioner with interest at 6% from the date when the amount fell due, namely, the date of his voluntary resignation till the date of payment. As regards the prayer for quashing of the disciplinary proceedings, the counsel for the respondents states that the proceedings have been dropped and, therefore, the said statement is recorded and no relief is necessary therefor.

(2.) The writ petition is allowed on the above terms.