C.R.No.2051 of 2008 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R.No.2051 of 2008. (O&M)
Decided on: September 11, 2009.
The Managing Committee and others
.. Petitioners
VERSUS
Mrs.R.K.Gautam and others
.. Respondents
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CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.D.S.Patwalia, Advocate,
for the petitioners.
Mr.P.S.Rana, Advocate,
for the respondents.
M.M.S. BEDI, J. (ORAL)
The documents taken on record.
During the course of arguments, counsel for the
respondent submitted that pursuant to the award which was passed
on 08.01.1978, the respondent cannot be taken in service after her
reinstatement as Principal in Indira Gandhi Mahila Mhavidyalaya,
Kaithal, as she is now 78 years of age and suffering from cancer.
On asking, counsel for the petitioner has placed on
record without prejudice to the right of the management the amount
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C.R.No.2051 of 2008 (O&M)
calculated which would be payable to the respondent in case this
revision petition is presumed to be dismissed. The calculations
though have been disputed by respondent, indicate that a sum of
Rs.4.52 lacs, is payable to the respondent.
At the same time, counsel for the petitioner has
contended that as the matter remained stayed for number of years,
the proportionate cut should be imposed as the management should
not be burdened for any amount for which it is not responsible for
delay.
Taking into consideration, the age of the
respondents and the controversies raised in the revision petition, the
parties have been advised to amicably settle the matter and the
petitioners have been asked to pay a lump sum amount as one time
settlement.
Counsel for the respondents has agreed to give up
all her claims in case a sum of Rs.3.5 lacs is paid to the respondents
within three equal monthly installments.
The offer given by the respondents has been
accepted by counsel for the petitioners on the instructions of Sh.Ram
Bahadur, Vice President, Governing Body, and has stated that the
management will pay an amount of Rs.3.5 lacs.
However, counsel for the petitioners submit that
Indira Gandhi Mahila Mhavidyalaya, Kaithal, being governed by grant
-in-aid Rules of 1981, the management is entitled to share the
financial burden with the Government as per the rules.
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C.R.No.2051 of 2008 (O&M)
It will be open to the Managing Committee to
recover the amount, if any, payable under rules from the State, if so
advised and permissible under law.
This revision petition is disposed of as having been
compromised. A sum of Rs.3.5 lacs will be paid by the petitioners in
three equal monthly installments. First installment of Rs.1.5 lacs will
be paid to the respondents by 01.10.2009. The remaining two
installments of Rs.1 lac, each will be paid by Ist November 2009, and
Ist December 2009. It will be open to the Managing Committee to
hand over three post-dated cheques.
Disposed of.
(M.M.S.BEDI)
JUDGE
September 11, 2009.
rka
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