HP High Court holds aided College teachers entitled to enhanced gratuity, leave encashment at par with Govt Staff
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Shimla, Dec 22,
The Himachal Pradesh High Court has ruled that teachers working in 95 per cent grant-in-aid colleges are entitled to enhanced gratuity and leave encashment benefits at par with government employees, rejecting the State’s attempt to deny retiral dues on the ground that they were not government servants. Allowing two writ petitions filed by retired Associate Professors Shramja Munjal and Dr. Anita Khanna, Justice Sandeep Sharma held that once the State extends government pay scales and service conditions to aided college teachers, it cannot “turn around and deny them retiral benefits such as gratuity and leave encashment.”
The Court observed that teachers of aided colleges are “akin to teachers of the State Government, at least for the monetary benefits of pay and allowances, while in service, as also pension and other benefits on retirement,” relying on earlier Division Bench rulings and recent Supreme Court jurisprudence. It further noted that the State had already paid a substantial portion of gratuity, which clearly belied its claim that it bore no liability.
Holding that the notifications enhancing earned leave from 10 to 20 days with retrospective effect from August 2016 were issued with the approval of the Principal Secretary (Education) and were binding on the government, the Court directed the State to release its 95 per cent share of the enhanced gratuity—now revised up to Rs 20 lakh with effect from January 1, 2016—and corresponding leave encashment, while directing the concerned college to pay the remaining 5 per cent share.
The Court also clarified that interest on delayed gratuity would be payable in accordance with settled law and ordered compliance within two months
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