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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIVEK SINGH THAKUR, SANDEEP SHARMA
Udham Singh Chaudhary – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. review petition for prior judgment. (Para 1) |
| 2. notifications regarding college takeover. (Para 2 , 3 , 4) |
| 3. transfer of property and liabilities to government. (Para 5 , 6 , 7) |
| 4. claim for retiral benefits after superannuation. (Para 8) |
| 5. state's challenge on payment responsibilities. (Para 9 , 10 , 11 , 12) |
| 6. service status until specific date affirmed. (Para 13 , 14) |
| 7. entitlement despite omission from employee list. (Para 15 , 16) |
| 8. no modification to previous judgment. (Para 17) |
| 9. state responsible for payment of retirement benefits. (Para 18 , 19) |
JUDGMENT :
Vivek Singh Thakur, J.
This petition has been preferred by the petitioner for reviewing the judgment dated 7th January, 2020 passed by the Division Bench of this High Court in LPA No. 244 of 2010 titled State of HP vs. Udham Singh Chaudhary vide which judgment of learned Single Judge dated 12th June, 2010 passed in CWP(T) No. 8686 of 2008 titled Udham Singh Chaudhary vs. State of HP has been set aside.
2. Respondent No.5 is the Maharaja Sansar Chand Memorial College, Thural, District Kangra (in short ‘MSCM College’) earlier being run as a private college by its Managing Committee but subsequently same was
Employees superannuated before the takeover of educational institutions by the State cannot claim gratuity and leave encashment from the State as those liabilities remain with the private institution....
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....
The court affirmed that under the Grant-in-Aid Scheme, the State is liable for the payment of retiral benefits to employees, and the appellant cannot shift this burden due to its litigation conduct.
Administrative decision must be reasonable and arbitrariness must be avoided.
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 main legal point established in the judgment is the applicability of Punjab University Calendar Regulations in determining the age of superannuation for teachers in privately managed colleges, an....
The liability to pay the pension and other benefits payable under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 would be that of the State Government and not the University o....
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