M.L. Singhal, J. - (1.) PREM Chand Sharma petitioner filed this Writ Petition under Article 226 of the Constitution of India whereby he seeking the issuance of a writ in the nature of mandamus to the State of Punjab directing them to release the amount of Rs. 19170/ -deducted from the amount of gratuity of the petitioner payable to him but it was not paid to him. He has also claimed interest on this amount at the rate of 18% per annum.
(2.) FACTS : Prem Chand Sharma petitioner was clerk in the Pan -jab University, Chandigarh. In the year 1969, he was allocated to the Punjab School Education Board (hereinafter to be referred the "Board") by the University (sic) for conduct of certain examinations he was transferred from the Panjab University to the Board. In 1973, he was promoted to the post of Assistant. In 1986 he was promoted to the post of Superintendent in the Board. In the Board meeting held on 13:2.1980 on the recommendations of the Finance Committee, it was decided to grant the pay scales to the employees of the Board at par with the employees working in the Punjab Civil Secretarial. In the Board meet -ing held on 31.8.1988, the Board vide item No. 14 took a decision to the effect that in future, the Chairman of the Board will give all those benefits at his own level, which the Government gives to its employees from time to time, The State Government issued a notification dated 28.7.1993, whereby the Committee granted the additional pay of Rs. 120/ - per month in the pay scale of Rs. 1800 -3200 w.e.f. 1.1.1986 to those senior Assistants/senior scale stenographers of the Punjab Civil Secretarial who were in the unrevised pay scale of Rs. 800 -1400 as on 31.12.1985 and whose basic pay was fixed at more than Rs. 1920/ -. The petitioner continued to get this additional pay of Rs. 120/ - per month in the pay scale of Rs. 1800 -3200. He retired from service on attaining the age of superannuation. While disbursing him the terminal benefits, a sum of Rs. 19,710/ - was deducted from the amount payable to him as gratuity saying that he should not have been paid the additional pay of Rs. 120/ - per month in the pay scale of Rs. 1800 -3200. The Deputy Controller (Local) Punjab School Education Board -respondent No. 2 put in reply to writ petition contesting the petition on merits.
(3.) IT is stated by Mr. Namit Kumar, Advocate for the petitioner that persons similarly situated have already been disbursed the amount of gratuity on their furnishing indemnity bonds. Petitioner has however, not been disbursed the aforesaid deducted amount of gratuity.;