SAVITA ARORA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, who retired as Lecturer in Mathematics from S.S.D. Girls College, Bathinda, on 31.5.2010, filed the present writ petition seeking quashing of the communication dated 21.4.2011 (Annexure P-15), whereby she was declined payment of gratuity, leave encashment, arrears on account of dearness allowance and benefits accrued on account of revision of pay scale with effect from 1.1.2006. The writ petition was taken up for hearing on 27.11.2012 along with a bunch of other cases and on the basis of statement made by counsel for the State, the same was allowed in terms of LPA No. 920 of 2012 - Arya College Rishi Dayanand Marg and another v. State of Punjab and others, decided on 01.10.2012. Counsel for respondent Nos. 3 to 5 was not available at that time. He made a request after some time stating that in the case in hand the management is conceding the claim of the petitioner on all other counts as made in the petition, however, the petitioner is not entitled to payment of gratuity. After accepting the request of counsel for respondent Nos. 3 to 5, the present writ petition was kept pending for today and the other cases were disposed of.

(2.) Learned counsel for the petitioner submitted that in terms of Section 4 of the Punjabi University Act, 1961 (for short, "the 1961 Act"), the University has been given power to frame statutes, ordinances or regulations. Section 15 of the 1961 Act specifies the subject on which the statutes can be framed by the University. Referring to Sub-sections (c), (g) and (i) of Section 15 of the 1961 Act, learned counsel for the petitioner submitted that it enables the University to frame statutes providing for payment of gratuity to the employees working in the affiliated colleges.

(3.) Learned counsel for the petitioner further referred to Chapter-XX of the Punjabi University Calendar Volume-III, Part-II, which is an Ordinance pertaining to the Service and Conduct Rules of Teachers in Non-Government Colleges. In clause (3) thereof, it is provided that the appointment of every employee in a non-government college admitted to the privileges of the University shall be in writing in the form of a contract to be prescribed by the University from time to time. The form thereof has been provided in the University Calendar as Appendix-I (Annexed as Annexure R-6/1). Condition No. 5 of the Contract of employment (Annexure P-4), signed by the employee with the management in terms of the aforesaid provision of the University Calendar, provided that the employee shall be entitled to the benefit of the Standard Provident Fund Rules as are followed by the Punjab Education Department and gratuity in accordance with the Rules made by the Punjabi University. In terms of the powers conferred on the University and as provided for in the Contract of Employment in terms of Clause 39 in Chapter XX of Punjabi University Calendar, Volume-III, Part-II, in addition to the benefit of the Provident Fund, a teacher at the time of retirement is entitled to the payment of gratuity equivalent to 1/4th of his pay last drawn for each completed six monthly period of qualifying service subject to 16 1/2 times the pay. The maximum amount of gratuity shall not exceed the amount fixed by the Punjab Government from time to time for its employees. Referring to the aforesaid provisions, learned counsel for the petitioner submitted that the petitioner cannot be denied the benefit of gratuity.