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2025 DAILYLAW 56066 (PNJ)

DESH BHAGAT POLYTECHNIC COLLEGE AND ANR v. SARABJIT SINGH AND ANR

CWP/13320/2025 · 2025-05-12

Harsimran Singh Sethi

body2025

Judgment text

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110+111 1. DESH BHAGAT POLYTECHNIC COLLEGE AND ANR SARABJIT SINGH AND ANR 2. DESH BHAGAT POLYTECHNIC COLLEGE AND ANR MANMOHAN SINGH AND ANR CORAM: Present: HARSIMRAN SINGH SETHI, J. (Oral) 1. law in the context of common set of facts and thus they are being decided by a common order. 2. 29.03.2023, copy of which h authorities exercising jurisdiction under the Payment of Gratuity Act, 1972 (for short 1972 Act) have taken into purpose f employee IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 12 CWP DESH BHAGAT POLYTECHNIC COLLEGE AND ANR VERSUS SARABJIT SINGH AND ANR CWP DESH BHAGAT POLYTECHNIC COLLEGE AND ANR VERSUS MANMOHAN SINGH AND ANR CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Mr. Shubham Bhardwaj, Advocate with Ms. Varda, Advocate for the petitioners. HARSIMRAN SINGH SETHI, J. (Oral) Present set of two writ petitions involve common question of law in the context of common set of facts and thus they are being decided by mon order. In the present set of petitions, the challenge is to the order dated 29.03.2023, copy of which has been appended as Annexure P authorities exercising jurisdiction under the Payment of Gratuity Act, 1972 (for short 1972 Act) have taken into account for calculating the benefit of G e which act on the part of the said IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 12-05-2025 CWP-13320-2025 DESH BHAGAT POLYTECHNIC COLLEGE AND ANR ........Petitioner(s) VERSUS ........Respondent(s) CWP-13322-2025 DESH BHAGAT POLYTECHNIC COLLEGE AND ANR ........Petitioner(s) VERSUS ........Respondent(s) HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI vocate with Ms. Varda, Advocate for the petitioners. HARSIMRAN SINGH SETHI, J. (Oral) Present set of two writ petitions involve common question of law in the context of common set of facts and thus they are being decided by In the present set of petitions, the challenge is to the order dated as been appended as Annexure P-5 by which the authorities exercising jurisdiction under the Payment of Gratuity Act, 1972 account the Academic Grade Pay for th Gratuity admissible to respond d authorities is wrong and arbitra ........Petitioner(s) ........Respondent(s) ........Respondent(s) HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present set of two writ petitions involve common question of law in the context of common set of facts and thus they are being decided by In the present set of petitions, the challenge is to the order dated by which the authorities exercising jurisdiction under the Payment of Gratuity Act, 1972 the Academic Grade Pay for the dent ary. SAPNA GOYAL 2025.05.13 16:08 I attest to the accuracy and integrity of this document CWP-13320-2025 and other connected case -2- 3. Learned counsel for the petitioners submits that while calculating the entitlement admissible to the respondent-employee, not only the Basic Pay but even the Academic Grade Pay given has been taken into account. 4. Learned counsel for the petitioners submits that the Academic Grade Pay could not have been taken into account for the purpose of calculating benefit of gratuity admissible to respondent-employee. 5. It should be noted that once, the Academic Grade pay is given to all the employees as a part of the post, the same is to be treated as a part of the Basic Pay so as to calculate the entitlement under the 1972 Act. The Academic Grade Pay is not an allowance but an entitlement of the employee working against a particular post. The allowances have not been included but as, the Academic Grade Pay is not the allowance but an entitlement, the inclusion of the same for calculation of the benefit of gratuity admissible to respondent-employee, cannot be treated as arbitrary or illegal. 6. No other argument is raised. 7. Keeping in view the above, no ground is made out for any interference by this Court in the facts and circumstances of the present set of cases. 8. Present petitions stands dismissed. 9. Photocopy of this order be placed on the file of other connected case. 12-05-2025 Sapna Goyal (HARSIMRAN SINGH SETHI) JUDGE NOTE: Whether speaking: YES Whether reportable: NO SAPNA GOYAL 2025.05.13 16:08 I attest to the accuracy and integrity of this document