KAMAL BHARDWAJ Vs. STATE OF PUNJAB
LAWS(P&H)-2016-3-161
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 11,2016

KAMAL BHARDWAJ AND OTHERS; PARVEEN KUMAR AND OTHERS; ASHOK KUMAR BABBAR AND OTHERS Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) This order will dispose of above cases bearing CWP Nos.23954 of 2013; 24890 of 2013 and 7780 of 2014, as common questions of law and fact are involved in them, which can conveniently be decided by a common order.
(2.) The only issue involved in the present set of cases is regarding entitlement to the monetary benefit of leave encashment from a privately managed Government aided school run by the respondent-Management.
(3.) It is the settled position in law that leave encashment liability is on the Management and is not an obligation to be shouldered by the State, which provides the grant-in-aid for certain purposes and concessions under the scheme. The legal position is expressed in the Division Bench judgment delivered in LPA No.519 of 2011 titled 'Anglo Sanskrit High School Khanna Trust and Management Society (Regd.), Khanna and another v. State of Punjab and others' decided on 5th April, 2011 which covers the present cases.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.