PUNJAB UNIVERSITY, CHANDIGARH Vs. INDER MOHAN JOSHI

JUDGEMENT

(1.) By this common order, appeal Nos. 1104, 1132, 1176, 1430, 872, 873, 921 and 922 of 2017 filed under Clause X of Letters Patent, involving identical issue, are hereby adjudicated. One set of Letters Patent Appeals (LPA Nos. 1104, 1132, 1176 and 1430 of 2017) has been filed by the Panjab University, Chandigarh (for short "appellant-University) and another set of Letters Patent Appeals (LPA Nos. 872, 873, 921 and 922 of 2017) has been filed by respondents (for short "writ-petitioners"). The appellant-University is claiming that learned Single Judge vide impugned order dtd. 15/3/2017 has wrongly extended benefit of leave encashment for the period of service beyond 60 years and writ-petitioners are claiming that learned Single Judge has wrongly denied benefit of increments, gratuity and other retiral benefits for the said period of service beyond 60 years.

(2.) The appellant is a University which has been constituted under Panjab University Act, 1947 read with Punjab Re-organization Act, 1966. It is apt to notice that appellant-University is not a Central University. The Central Government provides funds to the appellant-University to the extent of 60% through Union Territory whereas 40% of the grant is met by State of Punjab. The University was originally created under Panjab University Act, 1947 and after coming into force Punjab Re-organization Act, 1966, the appellant acquired character of inter-state body corporate, as has been held by the Co-ordinate Bench in A.C.Julka and others vs. Panjab University and others, 2008 SCC Online 1374. Facts

(3.) As common issues are involved in all the appeals, thus, for the sake of connivence, facts are borrowed from LPA No. 1104 of 2017 titled as "Panjab University vs. Dr. Inder Mohan Joshi". Dr. Inder Mohan Joshi, the writ-petitioner, on 3/2/1971 joined as Teaching Assistant in Department of Chemistry, Panjab University, Chandigarh. In 1974, he was appointed as Lecturer and thereafter in 1998, he was promoted as Professor of Chemistry.