PARAMJIT SINGH BANSAL Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) By this single judgment, I shall dispose of five above mentioned writ petitions bearing number CWP-2873-2005, CWP-2874- 2005, CWP-2875-2005, CWP-7848-2005 and CWP-19031-2005, involving the identical facts. The petitioners in all the cases are retired Lecturers, Officiating Principals, Principals and in CWP-7848-2005, petitioner No. 9 is a retired Peon. The facts of the case are extracted from the lead case i.e. CWP-2873-2005.

(2.) The petitioners were working as Lecturers, Officiating Principals, Principals in respondent-Privately Managed Government Aided Colleges. It is Khalsa College, Garhdiwala, District Hoshiarpur, in CWP- 2873-2005 and CWP-2874-2005, whereas it is Babbar Akali Memorial Khalsa College, Garshankar, District Hoshiarpur in CWP-2875-2005. In the first three petitions, the colleges are affiliated to Panjab University, Chandigarh. In CWP-7848-2005, it is Mata Gujri College, Fatehgarh Sahib, affiliated to Punjabi University, Patiala. In CWP-19031-2014, it is Shri Sanatan Dharam Girls College, Bathinda, which is also affiliated to Punjabi University, Patiala. The petitioners in some of the writ petitions have been paid part of the gratuity and the remaining part of the gratuity is not paid. In some of the cases, the petitioners claim that the entire provident fund has also not been released. The petitioners also claim that they are entitled to leave encashment, which has not been paid to them. They are also entitled to interest on the delayed payment of the gratuity. In CWP-19031-2014, the petitioner claims that she is entitled to enhanced gratuity of Rs. 6,50,000/-. In the lead case (CWP-2873-2005), the petitioner claims that he retired as a Lecturer in Political Science on 28.2002, same is the date of retirement of the petitioner in CWP-2875-2005. In case of CWP-2874-2005, the date of retirement of the petitioner is 31.1.2003. In case of CWP-7848-2005, the date of retirement of the petitioners is between the years 1998 to 2002 and in case of CWP-19031-2014, the date of retirement of the petitioner is 31.8.2008. Therefore, in all the writ petitions, the question has been raised regarding release of balance gratuity, interest on the delayed payment of gratuity, release of provident fund and entitlement to leave encashment. In case of CWP-2875-2005, the revised house rent allowance in lieu of rent free accommodation is also claimed as per the instructions of the Panjab University.

(3.) In the reply, the Managing Committee of Khalsa College, Gardhiwala, District Hoshiarpur, has taken the stand that for the payment of gratuity and provident fund, a communication has been sent to the petitioner to produce no dues certificate and collect the cheque but the petitioner has not produced the no dues certificate. The payment of gratuity amounting to Rs. 1,75,000/- has been made and the provident fund to the tune of Rs. 2,19,232-70 will be brought on the next date of hearing. However, the claim was contested regarding the leave encashment. It was submitted that the petitioner is not entitled for the same. It was stated that as per Rule 8.117 of Punjab Civil Services Rules, Volume-I, Part-II, an employee in the vacation department in respect of duty performed in any year, in which he avails himself full vacation, is not entitled to get the benefit of earned leave. The Lecturers are entitled to summer vacations for a period of 1 = months. They are also entitled to winter vacations for a period of 8-10 days and another autumn break of 10 days. Therefore, they being the employees of vacation department are not entitled to the benefit of leave encashment.