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Punjab-Haryana High Court

Dav College Trust And Management ... vs State Of Punjab & Others on 15 February, 2012

Author: Surya Kant

Bench: Surya Kant

        IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH



                                          Civil Writ Petition No.2796 of 2012
                                         Date of Decision: February 15, 2012



DAV College Trust and Management Society & another
                                              .....PETITIONER(S)

                                       VERSUS


State of Punjab & others
                                                         .....RESPONDENT(S)

                                  .      .      .


 CORAM:               HON'BLE MR. JUSTICE SURYA KANT

                                           ****
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?

                                        ****

 PRESENT: -           Mr. Rajdeep Singh Cheema, Advocate, for the
                      petitiones.


                                   .     .      .


Surya Kant, J (Oral)

1. The petitioner - DAV College Trust and Management Society seeks payment of 95% grant-in-aid towards the gratuity amount, said to have been paid to the teachers/employees of Hans Raj Mahila Maha Vidyalaya, Jalandhar, the details whereof are given in a tabulated form (Annexure P-7). In short, the petitioners are said to have paid the gratuity to various C.W.P. No.2796 of 2012 [2] teachers/employees who retired on different dates ranging from 31.3.2009 to 30.6.2011 by way of cheques and have thereafter raised their claim before the Education Department but no grant-in- aid has been reimbursed to them though the teachers/employees who have retired and to whom gratuity has been paid, were statedly appointed against the posts duly sanctioned under grant-in-aid scheme.

2. It is averred that the petitioners have represented time and again including on 15.11.2011 (Annexure P-9) but reimbursement of the due amount is still awaited.

3. Having heard learned counsel for the petitioners and considering the nature of relief sought in this writ petition, I deem it appropriate to dispose of this petition with a direction to the respondents to verify the above mentioned claim of the petitioner - Management and if so required, to hold a fact finding enquiry to ascertain the actual payments to the retirees and thereafter take a final decision for the release of the gratuity amount strictly in accordance with grant-in-aid scheme and if the petitioner - Management is found entitled to, to reimburse it within a period of four months from the date of receipt of a certified copy of this order.

4. Dasti.


                                                              (Surya Kant)
February 15, 2012                                                Judge
avin
 C.W.P. No.2796 of 2012   [3]