Unknown vs Dr. Pritam Singh Chandel V. State ...
2023 Latest Caselaw 15934 HP

Dr. Pritam Singh Chandel v. State of Himachal Pradesh and others

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Ex.P. No. 235 of 2022

10.10.2023 Present: Mr. Rajnish Maniktala, Senior Advocate with Mr.

Naresh K. Verma, Advocate, for the petitioner.

Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi

Chauhan, Deputy Advocates General, for the respondents/State.

Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for respondents No.3 and 4.

It is not in dispute that pursuant to mandate

contained in the judgment sought to be executed State of

Himachal Pradesh has released sum of Rs. 7.00 lac as gratuity

to the petitioner, but sum of Rs. 3.00 lac, is yet to be paid.

Stand of respondents-State is that maximum limit to pay

gratuity as per Grant in Aid Rules is Rs. 7.00 lac and remaining

amount, if any, on account of the gratuity is to be paid by the

institution.

While filing response to the instructions dated

14.9.2023, submitted by the respondent-State, learned counsel

for the petitioner has placed on record communication dated

31.7.2023, issued by St. Bede's College under RTI, perusal

whereof reveals that similarly situate person namely Ajay

Kumar Sood, Mr. Kamal Dev Chandel, Mr. Ram Kumar Sharma

and Ms. Meenakshi, were given full amount of gratuity to the

tune of Rs. 10.00 lac by deducting Rs. 2.5 lac each from grant-

in-aid payable to the respondent-college in the respective cases.

In the aforesaid background, this court deems it fit

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to direct the learned Additional Advocate General to have

instructions that why in the case of the petitioner, balance

amount on account of gratuity cannot be recovered by the

department from the grant-in-aid to be released in favour of the

institution as was done in the cases of aforesaid persons.

Needful in terms of the aforesaid order be done on or before the

next date of hearing. List on 6.11.2023.

    October 10, 2023                           (Sandeep Sharma),
    manjit                                           Judge