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RANJAN SHARMA
Manohar Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Ranjan Sharma, J.)
Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 & 2.
2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings.
3. The petitioner has filed the instant writ petition with the following prayer(s):-
4. The case of the petitioners is that they were appointed as Lecturers (College Cadre) in subjects of History, Mathematics, Chemistry, Biology and Hindi on different dates as mentioned in Para 3 of the writ petition in 95% Government Aided Privately Managed College i.e. Shri Vishnu S.D. College, Bhatoli, District Una. The petitioners retired from the service of the aforesaid college on attaining the age of superannuation on 31.03.2017, 30.06.2018, 31.03.2012, 31.03.2016 and 29.02.2000 as mentioned in Para 4 of the writ petition.
5. The question as to whether the teachers of 95% Government Aided Privately Man
The main legal point established in the judgment is the entitlement of teachers in privately managed colleges to gratuity and leave encashment, with the financial liabilities to be borne by the priva....
Staff of 95% grant-in-aid colleges deemed akin to government employees for retiral benefits like gratuity and enhanced leave encashment; state bears 95% liability per precedents.
The court held that the petitioner-institution is liable to pay gratuity and leave encashment to respondent-employees for their service period, as per the applicable rules and acts.
Salary – Leave encashment is part of salary – In present case, management establishment was recipient of 70% aid, in form of grant – State cannot shrug its responsibility to shoulder its part of resp....
Retired teachers are entitled to enhanced gratuity of Rs.20,00,000/- as per applicable resolutions, receiving statutory interest from the notification date, reinforcing pension rights.
The State of Chhattisgarh is not the employer of teachers in private aided educational institutions, and the liability for gratuity payments lies with the institutions, not the State.
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