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Judgment
KULDEEP TIWARI, J. (Oral)
The petitioner, by way of instant writ petition, as cast under Article 226/227 of the Constitution of India, prays for issuance of a Mandamus upon the respondents to forthwith release the pending service/retiral dues, including revised pay scale (w.e.f. 01.01.2016), arrears, leave encashment (300 days), revised gratuity to the tune of Rs.20 lakhs etc.
This Court, while issuing notice of motion, had passed the following order on 05.08.2026:-
“Mr. S.S.Sandhir, Advocate, has caused appearance on behalf of the contesting respondents No. 4 and 5, through a validly executed power of attorney in his favour. The same is taken on record.
He apprises this Court that the most of the retiral benefits have already been released in favour of the petitioner, therefore, he seeks an adjournment to file a specific affidavit of the competent authority concerned, in this regard.
Asked for request is accepted.
Adjourned to 18.08.2026, for arguments.
To be shown in the urgent list.”
In compliance thereto, a short affidavit of the Principal, G.H.G. Harparkash College of Education for Women, Sidhwan Khurd, Ludhiana, on behalf of respondents No.4 and 5, has been filed in the Court today, which is taken on record. A copy of the affidavit has also been supplied to learned counsel for the petitioner.
It is categorically averred in the affidavit that all admissible retiral dues have since been remitted to the petitioner, and the details in this regard, are depicted in paragraph 3 thereof, which read as under:-
“That the Respondent College has paid the following retiral dues to the petitioner as per the official records of the College;
“Gratuity: Rs.10,00,000/- transferred on 24-07-2026 Leave Encashment: Rs.13,86,817/- transferred on 23-07-2026.
Provident Fund: The petitioner can get her PF transferred into her account by applying online on the official website of Provident Fund. Like other employees, the petitioner has already been given UAN number and the process of transfer of PF from Provident Fund office to the petitioner's account is to be completed by the petitioner herself. The Office of the Respondent College has already completed the required formalities.
Four Ph.D. increments: Apart from the above, as per the records, the petitioner has already been given the benefit of Ph.D. increments long back in February 2003. The petitioner has duly acknowledged the said fact by signing in the Pay Bill Register maintained by the Respondent College. The office record shows that the petitioner has duly acknowledged the said fact in 2003 herself. Her service book records also reflect that she got her pay fixed with four increments and she acknowledged by signing it. Photocopy of Pay Bill Register showing receiving of Ph.D. increments is attached as Annexure R5/1 to R5/4.
Gratuity and Leave Encashment:-
Photocopy of Calculation Sheet of Gratuity, Leave Encashment, Funds Transfer from College Account to Petitioner's Account are attached.”
Learned counsel for the petitioner, on the other hand, submits that the gratuity has been released, but in terms of the old Act, whereas, the petitioner retired post amendment thereof. As a consequence, she is entitled to gratuity @ Rs.20 lakhs, whereas, she has been granted Rs.10 lakhs only. Likewise, even the benefit of leave encashment has been paid, in accordance with the old pay scale, instead of revised scale. Thus, the respondents are liable to pay much more amount to the petitioner.
Having heard learned counsel for the parties at length, this Court is of the considered opinion that the predominant grievance of the petitioner has already been redressed. So far as the plea with respect to the anomaly in releasing the retiral benefit to the petitioner, as indicated above, is concerned, the respondents are required to deal therewith, at the first instance. Therefore, the instant writ petition is disposed of, in the following terms:-
The petitioner shall approach respondents No.2 and 4 by filing detailed respective representations as regards her grievance, within a month from today.
ii) In the event any such representation is received, respondents No.2 and 4 shall decide the same by passing a speaking order, within three months therefrom, after affording due opportunity of hearing to the petitioner.
iii) In case, the petitioner is found entitled to the enhanced pension, and other consequential benefits, as prayed for, the same shall be accorded to her, without any further delay.