Punjab-Haryana High Court
Malkiat Singh Grover And Anr vs Anuraag Verma And Ors on 2 September, 2024
Neutral Citation No:=2024:PHHC:114114
207
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
COCP No. 970 of 2017 (O&M)
Date of Decision: 02.09.2024
Dr. Malkiat Singh Grover and another
.......... Petitioners
Versus
Mr. Anuraag Verma, Principal Secretary,
Higher Education, Civil Secretariat, Punjab and others
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Puneet Jindal, Senior Advocate, assisted by
Ms. Malvi Aggarwal, Advocate
for the petitioners.
Mr. Athar Ahmad, Deputy Advocate General, Punjab
for respondent Nos. 1 & 2.
Mr. Prateek Pandit, Advocate
for respondent Nos. 3 & 4-Lyallpur Khalsa College, Jalandhar.
****
HARKESH MANUJA, J. (ORAL)
The petitioners, by way of present petition, seek initiation of
contempt proceedings against the respondent(s), alleging willful
disobedience of the order dated 24.04.2012 (Annexure P-1) passed by this
Court in CWP No. 22049 of 2011, as affirmed vide order dated 01.10.2012
(Annexure P-2) passed in LPA No. 1010 of 2012.
[2] Learned counsel for the respondent(s) submits that the
judgment and order dated 18.12.2007, passed by this Court in CWP-4081-
2007 and other connected writ petitions was challenged before Hon'ble
Supreme Court in SLP No. 13110/2008 and Hon'ble Supreme Court has
passed the following order:-
1 of 4
Neutral Citation No:=2024:PHHC:114114
" 1. Mr. Nidhesh Gupta, learned senior counsel, appears
for the petitioners in the Special Leave Petitions filed
by the Managing Committee of S.S. D. Girls College
and others.
2. Mr. Patwalia, learned senior counsel, appears for the
Managing Committee, A.S. Baba A.S.J.S. Memorial
College.
3. There are some petitions, which are filed by the State
of Punjab also. Mr. Kuldip Singh, AOR, appears for
the State of Punjab.
4. All these petitions seek to challenge the orders passed
by the Punjab & Haryana High Court in different writ
petitions. The consequence of these orders have been
that the College-Managements have been held liable
to pay the gratuity and leave encashment, and the
contributory provident fund to the college teachers
(which include Librarians and teachers in-charge of
physical institution). As far as contributory provident
fund is concerned, the State is held liable to
reimburse 90% of that amount.
5. Mr. Gupta, learned senior counsel points out that
there are many aspects in these matters arising out of
various statutes of the universities and the
ordinances, which were placed before the High Court
but the judgment of the High Court does not reflect on
any of these submissions.
6. We have heard learned counsel for all the parties and
we are of the view that the submissions raised in these
Special leave petitions which were also raised in the
replies to the writ petitions in the High Court, ought
to have been gone into by the High Court. In the
circumstances, we revive all those writ petitions
decided by the High Court, mentioned hereinbelow.
They will be heard and decided afresh by the High
Court after considering the submissions of the
College Managements, the State of Punjab, as well as
2 of 4
Neutral Citation No:=2024:PHHC:114114
the teachers on the merits of those submissions. The
numbers of writ petitions is as under:
"CWP Nos. 4081, 6439 and 6395, all of 2007,
CW No. 10315 of 2007, CWP No. 23 of 2012, CWP
No.16166 of 2011, No. 792 of 2011, CWP No. 8774 of
2004, CP No. 76 of 2006, CWP No. 12965 OF 2005,
CW No. 18372 of 2004, CW No. 1105 of 2004 and
CW No.12550 of 2003".
7. We note that in these matters, there has been an
interim order dated 2nd April, 2009, whereby the
College Managements were required to make these
payments and then seek reimbursements from the
State Government. This arrangement will apply to all
the teachers until the revived writ petitions are
decided. We make it clear that this arrangement will
also be subject to the result of those writ petitions,
which we expect the High Court to decide at the
earliest.
8. In SLP (C) Nos. 10873, 10878, 10879 and 11498, all
of 2006, Mr. Dinesh Kumar Garg, AOR appears for
the petitioner-Managing Committee, S.K.R.M.
College. In these matters there will be same order as
above. However, as far as the direction of the High
Court to pay the arrears of salary is concerned, that
will be honoured by the College.
9. These Special Leave Petitions are dismissed as
withdrawn.
10. In view of the disposal of the Special Leave Petitions,
the contempt petitions also stand disposed of."
[3] Learned State Counsel further submits that in terms of the
aforesaid order, the State of Punjab is making payment of leave encashment
and gratuity to the petitioners, who were petitioners before Hon'ble Supreme
Court and post remand, the matter is pending before the writ Court(s).
3 of 4
Neutral Citation No:=2024:PHHC:114114
[4] Since the matter is subjudice before the writ Court(s), the
present petition is rendered infructuous, at this stage.
[5] Rule stands discharged.
[6] The petitioners are granted liberty to revive the petition by
moving an appropriate application after decision of the writ petition(s), if so
required.
September 02, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
4 of 4
