TARLOK SINGH Vs. GURU NANAK DEV UNIVERSITY

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India and prays for issuance of appropriate directions for release of his retiral dues, in particular, gratuity and leave encashment. The petitioner initially worked with the respondent-University as a Clerk w.e.f. 1971. He was promoted as an Assistant and confirmed as such in the year 1984. While working as such, he faced disciplinary proceedings and on 30.1.1997, a punishment of reduction in rank was inflicted upon him. As a consequence thereof, he was treated as a Clerk and on the very next day i.e. 31.1.1997, he superannuated.

(2.) The respondents have released the pension regarding which there is no dispute but insofar as the gratuity and leave encashment are concerned, they have not been paid to the satisfaction of the petitioner.

(3.) The respondents in their reply have stated that the Punjab State Civil Service Rules are applicable and govern the principles regarding release of gratuity etc. They have appended the Finance Department's Circular dated 16.7.1998 appended to their reply as Annexure R-2, which defines emoluments, average emoluments and the manner in which gratuity is to be calculated. For the purposes of reference, clauses 2.1, 2.2 and 5.3 are extracted herein-below:--