HP High Court grants full gratuity, enhanced leave to aided college teachers
Shimla:
The Himachal Pradesh High Court has delivered a major relief to teachers working in government-aided colleges, ruling that they are entitled to full gratuity and enhanced earned leave at par with government college faculty.
Pronouncing a common judgment in two writ petitions, Justice Sandeep Sharma held that aided college teachers cannot be denied retiral benefits by treating them as private employees, as their service conditions, pay and benefits are largely governed by the State.
The petitions were filed by Shramja Munjal and Dr Anita Khanna, who were appointed as lecturers in 1987 and 1988 respectively in a college receiving 95 per cent financial assistance from the State government. Both retired after rendering more than three decades of service.
The court noted that although ₹7 lakh had already been paid as gratuity, the ceiling was later revised to ₹20 lakh, making the petitioners eligible for the enhanced amount.
The High Court directed the State to release its 95 per cent share of the pending gratuity, while the remaining 5 per cent liability would be borne by the college management.
The court also upheld the teachers’ claim for enhanced earned leave of 20 days per year, ruling that the benefit would apply retrospectively from August 2016, following approval by the Education Department and subsequent notification by the university.
Rejecting the State’s stand that gratuity and leave rules applicable to government employees do not extend to aided institutions, the court relied on earlier High Court rulings and a Supreme Court verdict, which held that teachers in aided institutions are governed by State-framed service conditions for monetary and retiral benefits.
The High Court further directed payment of statutory interest on delayed gratuity and 9 per cent interest on pending leave encashment, ordering the authorities to clear all dues within the prescribed time.
The ruling is expected to benefit a large number of retired and serving teachers in government-aided colleges across Himachal Pradesh who have been awaiting settlement of long-pending retiral claims.