Sarabjit Singh vs State Of Punjab And Others

Harsimran Singh Sethi, J

Counsel for the petitioner states that the present writ petition has been filed for the release of certain benefits, which the petitioner was entitled for during his service career. Further, the petitioner is an employee of the aided college i.e. respondent No.4. Counsel for respondents No.3 and 4 states that the present writ petition is not maintainable in view of the settled principle of law settled by a Division Bench of this Court in case Management of S.D. Model Senior Secondary School Vs. District Judge-cum-Service Tribunal and another, 2014(1) S.C.T. 652, wherein, it has been held that in view of the judgment of Ho'nble Supreme Court in T.M.A. Pai Foundation & others Vs. State of Karnataka & others, (2002) 8 SCC 481, the jurisdiction of the Educational Tribunal set up under that direction. The relevant portion of the said judgment is as under: -

"23. In view of the above discussion, we concluded as under:

(i) That an Educational Tribunal constituted in terms of the direction of the Supreme Court in T.M.A.Pai Foundation's case (supra), will not have the jurisdiction to decide issue of payment of gratuity, as the same is payable to the teaching and non-teaching staff in terms of the Payment of Gratuity Act, 1972.

(ii) In respect of second question, the notification of the State Government constituting Educational Tribunal will include all service disputes arising out of an order passed by the Management, as appealable to the Educational Tribunal. Such right to appeal is not arising in view of the judgment in T.M.A.Pai Foundation's case (supra), but in exercise of the executive powers of the State.

(iii) The State Government shall consider appropriate amendments in the Haryana School Education Act, 1995 in the light of statement made by Mr. Poonia before this Court expeditiously.

(iv) Since the controversy regarding the Forum for adjudication of disputes relating to payment of gratuity has been settled now, it shall be open to the aggrieved persons to seek redressal under the Payment of Gratuity Act, 1972 in accordance with law, if the same is availed within two months from today. The payment deposited by the petitioners shall be subject to the decision of the Authority under the Payment of Gratuity Act.

Since the questions of law have been answered, the matter be placed before the learned Single Bench for appropriate decision."

Counsel for the petitioner is unable to rebut this argument/objection.

In view of the above, the petitioner is relegated to his remedy before the Educational Tribunal set up by the Government of Punjab in this regard.

Keeping in view above, let the record of the present writ petition be sent to the Educational Tribunal for appropriate decision as the matter is within the jurisdiction of the said authority.

Parties are directed to appear before the Educational Tribunal on 24.04.2019.