AMRIT DHIMAN Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed by Mrs. Amrit Dhiman praying that a Writ in the nature of Certiorari be issued under Article 226 of the Constitution of India for declaring the action of respondents in not releasing the retiral benefits such as gratuity, part payment of provident fund, contributory provident fund etc. along with interest at the rate of 18% per annum on the delayed payment as illegal, arbitrary, mala fide and unconstitutional. The petitioner has also prayed for issuance of a Writ in the nature of Mandamus giving directions to the respondents to release all the retiral benefits mentioned above, forthwith.

(2.) The facts which can be gathered from the writ petition are that the petitioner was appointed as Permanent Lecturer at Hindu Kanya College, Kapurthala, on 15.7.1970. She rendered services for about 27 years and attained the age of superannuation on 4.7.1997. It is pleaded that Hindu Kanya College, respondent No. 3, is a Punjab Government Aided Institution, receiving 95% grant-in-aid and hence is a State under Article 12 of the Constitution. Petitioner has averred that her service record suffers from no blemish as she worked according to the satisfaction of the employer and nothing adverse was communicated to her. She further stated that she submitted a Calculation Sheet of Death-cum-Retiral Gratuity and revised pension to the office of the Director, Public Instructions (Colleges), Punjab, Sector 17, Chandigarh, respondent No. 2, vide registered post on 29.8.2000. This has been attached as Annexure P4. Petitioner states that vide Annexure P5, College Authorities recommended withdrawal of provident fund amount to the Assistant Provident Fund Commissioner, Jalandhar, who vide Annexure P6, responded that the amount of provident fund accumulated is being refunded. Since the amount was not being paid to the petitioner, she approached the Assistant Provident Fund Commissioner, Jalandhar, vide Annexure P7, wherein it was recorded that the College Authorities have stated that the amount has been refunded to the Director, Public Instructions (Schools) but the same should have been refunded to the Director, Public Instructions (Colleges). It is stated that thereafter vide different pay orders amount of Rs. 64,898/- on account of employee and employer share from 1.1.1993 to 4.7.1997 were paid to the petitioner with interest at the rate of 5% per annum. The petitioner claimed that the interest should have been 12% per annum. It has been further pleaded in the writ petition that the contributory provident fund for the period from 1.1.1989 to 31.12.1992 is lying in the office of the Assistant Provident Fund Commissioner, Jalandhar, has not been refunded. A further grievance has been made that amount of the gratuity which was sanctioned by the Director, Public Instructions (Colleges), Punjab, has not been paid. Thus, the petitioner states that she should be paid gratuity, part payment of the provident fund, interest at the rate of 12% instead of 5% on the payment released as provident fund, contributory provident fund be paid along with interest for the period from 1.1.1989 to 31.12.1992 and interest at the rate of 18% be paid on the delayed payment of retiral benefits.

(3.) Respondents No. 4 and 5 i.e. Provident Fund Commissioner and Assistant Provident Fund Commissioner have stated that amount of contributory provident fund from 1.12.1989 to 31.12.1992 amounting to Rs. 1,09,278/- along with interest upto 31.5.2002 was transferred to EPF Trust, Hindu Kanya College, Kapurthala, vide cheque No. 556607 dated 30.5.2002.