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2007 Supreme(P&H) 2190

ADARSH KUMAR GOEL, KANWALJIT SINGH AHLUWALIA
C. Sharma – Appellant
Versus
State Of Punjab – Respondent


Judgment

, J.

1. This petition seeks direction for release of leave encashment payment of difference of basic pay on account of revised fixation under the bunching scheme w.e.f. 1.1.1996, payment of difference of allowances like DA, HRA, Medical etc. other arrears.

2. Case of the petitioner is that he joined as Lecturer on 1970 with respondent No. 3 College, which was an aided college, receiving aid as per the scheme of the Panjab Government. Petitioner retired from service on 31.3.2002 after 32 years of service and made a claim for retiral benefits. The petitioner filed CWP No. 15433 of 2003, which was disposed of on 21.12.2005, Annexure P. 3 with a direction for payment of gratuity. Accordingly, gratuity has been released to the petitioner but salary for earned leave has not been paid as per Regulation 9 of Chapter X of the Panjab University Calendar read with Rules 8.116, 8.117, 8.119 and 8.121 of Punjab Civil Services Rules Vol. I (Part-I). This Court, vide judgment dated 13.12.2005 in CWP No. 111 of 2004, RS Sidhu and others v. State of Punjab. and others, Annexure P. 9 held that a college could not with-hold amounts due to a teacher only on the ground that that grant-in-aid wa











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