- (1.) This order will dispose of above three writ petitions bearing CWP No. 8786 of 2013, CWP No. 23741 of 2013 and CWP No.9816 of 2014 arising out of the same facts. The petitioners have challenged the impugned order vide which they were denied Death-cum-Retirement Gratuity (DCRG) and Leave Encashment. All the petitioners in the three petitions were working as teachers in Islamia Senior Secondary School, Milkh Road, Malerkotla, Distt. Sangrur under Punjab Wakf Board. They retired on different dates from the year 2007 onwards. Petitioners claimed that they are governed by Punjab Wakf Regulations, 1966 and are entitled to DCRG and leave encashment. Petitioners based their claim on the basis of definition of 'employee' given in regulation 2(d) and their terms and conditions provided under regulation 53 as well as the decision taken by the Wakf Board vide Resolution No. 9 (III) dated 15.07.2006 published in the Government Gazette dated 30.01.2009 vide which the benefit of DCRG and leave encashment to the employees of Punjab Wakf Board at par with the Punjab Government was ordered to be given w.e.f. 15.07.2006.
(2.) The stand of the Wakf Board is that the Punjab Wakf Board is a charitable and religious trust and is not getting any aid from the Government. Teachers are governed by Regulation 53, whereas the services of other employees are governed by Regulation 21 to 52. The petitioners are employed on temporary basis, therefore, they cannot claim the benefit of regular employees nor their services are governed by Regulation 21 to 52, hence, they are not entitled to DCRG and leave encashment. I have heard learned counsel for the parties and also gone through the file carefully.
(3.) The perusal of the regulation 2 (d) shows that it includes the teachers. The definition of employee is given in regulation 2 (d) as under:- "Employee' means any person in the employment of the Board and includes Imams, Mauzzans, Care-takers, Teachers, Khadims and Mujawirs". Regulation 53 is reproduced as under:- Terms and conditions of service of Imams, Mauzzans, Care-takers, Teachers, Khadims and Mujawirs.- Section 68(2(e).- The provisions of regulations from 21 to 52 shall not apply to Imams, Mauzzans, Care-Takers, Teachers, Khadims and Mujawirs in so far they are inconsistent with the following provisions:- (1)The appointing authority and the punishing authority in the case of Imams, Mauzzans, CareTakers, Teachers, Khadims and Mujawirs shall be the Board. All appointments to these posts shall be made on the recommendation of Religious Affairs Committee. (2)The Religious Affairs Committee will interview the candidates, test their knowledge and submit its recommendations to the Board. The Imams shall possess the following qualifications:- (a) candidates who possess the degree of "Farighul-Tehsil" shall be classed as of Grade I. (b) candidates who have passed "Oafva and Oadoori" or are Hafiz Oari with knowledge of Muslim theology, shall be classed as of Grade II. (3)A person to be appointed as Mauzzan shall possess elementary knowledge of Massaail of Namaz and Roza. (4)A person to be appointed Khadim or Mujawir shall be "Ba-shara" be regular in the observance of Roza and Namaz be acquainted with "Fateha and Darood" and be physically fit to maintain the Dargah. (5)All kinds of leave to Imams, Mauzzans, Caretakers, Teachers, Khadims and Mujawirs shall be sanctioned by the Secretary. The Secretary shall also make officiating arrangement, in case of any of the posts fall vacant, in consultation with the Chairman and in emergent cases he can also suspend any such employee with the approval of the Chairman. But the Secretary shall place all cases of officiating arrangement and suspension before the Board, which meets immediately after such orders".;