S K SAREEN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of ours shall dispose of CWP No.7711 of 2005, titled 'S.K. Sareen Versus State of Punjab & Others' as also CWP No.7940 of 2005, titled 'S.C. Wahi Versus State of Punjab & Others' as both the petitions involve similar facts and common questions of law. CWP No.7940 of 2005 was directed to be heard with CWP No.7711 of 2005 vide Order dated 19.5.2005. For facts, we take up CWP No.7711 of 2005.

(2.) The petitioner has instituted this petition under Article 226/227 of the Constitution of India seeking a writ in the nature of mandamus directing the respondents to release the retiral benefits of the petitioner along with interest @ 18% per annum from the date of his retirement till the date of actual payment. It is the pleaded case of the petitioner that he was appointed as a Lecturer in Geography in Hindu College, Amritsar in September, 1967 on temporary basis and was appointed on permanent basis in July, 1971. Hindu College, Amritsar is an aided college in which 95% grant is given by the Government. The petitioner retired from Hindu College after putting in 33 years service. The petitioner became entitled to his retiral benefits i.e. gratuity etc. The respondent College is under legal obligation to disburse the amount of gratuity to the petitioner calculating the same at the rate of half the pay last drawn for each completed year of service. In that regard, reliance has been placed on Ordinance 18 of Guru Nanak Dev University, Calendar Volume IV.

(3.) After retirement of the petitioner on 10.10.2004, the retirement benefits were not released. The Principal of Hindu College, Amritsar i.e. respondent No.4 vide Letter dated 11.10.2004 asked the Bank to pay the proceeds of Fixed Deposits in favour of the petitioner as per his Provident Fund Account. However till date, the respondents had not released the complete retiral dues to the petitioner. The petitioner represented to the respondents vide Representation dated 2.2.2005.