The Baba Zorawar Singh Fateh Singh … vs State Of Punjab And Others on 3 February, 2009

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH


                                               C.W.P. No. 9757 of 2008
                                    DATE OF DECISION: February 03, 2009


The Baba Zorawar Singh Fateh Singh Khalsa Girls College

                                                         .........PETITIONER(S)


                                    VERSUS



State of Punjab and Others                               ......RESPONDENT(S)



CORAM: HON'BLE MR. JUSTICE AJAI LAMBA

Present: Mr. Vipin Mahajan and Mr. Gopal Mahajan,
         Advocates, for the petitioner.

          Mr. H.S. Brar, DAG, Punjab.

AJAI LAMBA, J. (ORAL)

This civil writ petition under Article 226 of the Constitution of

India has been filed praying for a writ in the nature of mandamus directing

the respondents i.e. State of Punjab, Department of Higher Education and

Secretary to Government of Punjab, Department of Higher Education to

release the admitted amount of grant-in-aid to the petitioner under 95%

grant-in-aid scheme of the Government so as to enable the petitioner to pay

salary and other allowances to its employees.

Learned counsel for the respondent has not been able to dispute

the right of the petitioner to the payment of grant-in-aid. Learned counsel

for the respondent has further not been able to dispute the fact that the issue

has been raised before a Division Bench of this Court a number of times and

has been settled to the effect that it is the State of Punjab that is liable to pay
C.W.P. No. 9757 of 2008 -2-

the grant-in-aid in time.

The first issue raised is that the respondent does not have

sufficient funds. The second objection taken on behalf of the respondent is

that the petitioner-college is required to comply with conditions and satisfy

the respondent-authorities after removal of objections.

In regard to insufficiency of funds, the objection of the respondent

is not sustainable. Salary of employees being a part of right to life, and the

fact that grant-in-aid scheme has been sanctioned, the same is required to be

released. It is observed that because the petitioners have to approach this

Court for their rightful claim time and again and it is after lot of hardship is

faced by their employees, the respondents would release grant-in-aid in time

in future.

Considering the facts and circumstances of the case and in terms

of judgment of Division Bench of this Court rendered in CWP No. 14340 of

2006 decided on 18.12.2007 Arya College, Ludhiana Vs. State of Punjab

and Others and decision rendered in CWP No. 5393 of 2008 decided on

24.04.2008 in case titled Ramgaria College of Education, Phagwara Vs.

State of Punjab and Others, it is directed that the respondent shall pay 85%

of the grant-in-aid due to the petitioner within a period of three months after

clearance of objections by the petitioner. The petitioner shall clear all the

objections raised by the respondents, if any, within a period of one month.

So far as balance 15% of the amount of grant-in-aid is concerned, petitioner

may submit separate representations to the respondents.

The petition is allowed in the above terms.

03.02.2009                                                    (AJAI LAMBA)
shivani                                                           JUDGE