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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Shramja Munjal – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. aided colleges' staff get govt-equivalent pay, leave via grant-in-aid. (Para 1 , 2 , 3 , 4) |
| 2. dispute on gratuity/leave liability; state denies, college affirms. (Para 5 , 6 , 7) |
| 3. aided teachers deemed govt employees for retiral benefits per precedents. (Para 8 , 9 , 10 , 11) |
| 4. state estopped; liable for 95% share, bound by notifications. (Para 12 , 13) |
| 5. enhanced gratuity payable w.e.f. 2016; payment directions issued. (Para 14 , 15) |
JUDGMENT :
Sandeep Sharma, J.
Since common questions of facts as well as law are involved in both the above-captioned cases, this Court heard them together and the same are now being disposed of vide common judgment.
2. Relevant facts, which are otherwise common in both the cases, are that on 20.08.1987 and 17.08.1988, petitioners were appointed as Lecturer (Botany) and Lecturer (Chemistry), respectively, in respondent No.3/College, which was receiving Grant-in-Aid from the respondent State. In the year 1994, respondent No.3/College came within the purview of Himachal Pradesh Non-Government affiliated Colleges Grant-in-Aid Rules, 1994, as a result thereof, staff of respondent No.3/College started receiving 95% Grant-in-Aid, as a result
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 entitlement of teachers in privately managed colleges to gratuity and leave encashment, with the financial liabilities to be borne by the priva....
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....
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.
State cannot freeze grant-in-aid to deny aided college staff statutory revised pay benefits; college must pay actual arrears, government to provide grants if needed.
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.
Eligible PTA college teachers entitled to grant-in-aid salary despite NET/SLET lack post-dispensation; discriminatory denial while granting others violates Articles 14,16; rules persist without repea....
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