B K BHALLA, PRINCIPAL Vs. PUNJAB UNIV , CHAD

JUDGEMENT

(1.) The petitioner was in the service of the Education Department of the State of Punjab. While he was working as a Principal in the Punjab State in 1984, he was selected for appointment to the post of Principal of A.S. College Khanna initially by way of deputation which was duly sanctioned by State of Punjab vide its order dated November 30, 1984. The petitioner retired from Punjab Government Service on April 30, 1985, and after that he was regularly appointed in the service of A.S. College, Khanna. This was in complete consonance with the Rules as the age of retirement of Government employees of private Colleges is 60 years. Copy of the order of appointment of the petitioner is Annexure P-1. The petitioner was confirmed vide resolution dated April 28, 1985, with effect from May 1, 1985. A perusal of the letter of appointment reveals that the petitioner was appointed as Principal on the basic pay of Rs. 1780/- per month in the grade of Rs. 1200-1900/- with dearness pay and A.D.A. at Government rates protecting the petitioner's salary in Government service. It is further stipulated in the letter that after the petitioner's retirement from Government service on April 30, 1985, he would have to surrender the pensionary benefits accrued to him from the Government to the college and it was also stipulated that he would be given the benefit of provident fund with effect from 1.5.1985 on the basic pay of Rs. 1780/- and that the Service Rules as contained in the Panjab University Calender Volume I, 1981, Edition would be applicable to him.

(2.) The petitioner's service was governed by Regulations/Rules framed by the Panjab University . In accordance with these Regulations, the petitioner was to retire on attaining the age of 60 years. The petitioner retired on attaining the said age on April 30, 1987, and he was relieved from service on attaining the age of superannuation vide Annexure P-3. The petitioner was permitted to join the college Provident Fund w.e.f. 1.5.1985 and continued to contribute till the date of his superannuation. In accordance with the regulations, A.S. College also deposited its contribution to his provident fund in the Provident Fund Account. According to Rules, the petitioner was entitled to gratuity also. It is not disputed that the College deposited its share of the money in the petitioner's Provident Fund Account.

(3.) Prior to his retirement from service, the petitioner had requested respondent No. 1 to release the amount of Provident Fund (including respondent's contribution) to the petitioner. The respondent college vide resolution dated April 18, 1987, Annexure P-4, directed the payment of only the petitioner's contribution to Provident Fund and 5% of the contribution of the college. The petitioner made representations and on the petitioner's representation, the respondent University vide its order dated May 1, 1987. Annexure P-6 held that petitioner is entitled to full payment. A copy of this letter was also sent to the respondent-College.