IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4027 of 2011 (O&M) Date of decision : 31.03.2011 Dilawar Singh and another … Petitioners Versus State of Punjab and others …Respondents CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: None for the petitioners. Ms.Charu Tuli, Sr.DAG, Punjab. Permod Kohli, J. CM No.4776 of 2011 Allowed as prayed for. CWP No.4027 of 2011 Notice of motion. Ms.Charu Tuli, Sr.DAG, Punjab who is present in the Court, accepts notice on behalf of the respondents-State. The petitioner initially joined the privately aided school namely S.M.S.D. Rajpur High Schol, Sujanpur, District Gurdaspur where she worked from 17.11.1970 to 03.12.1975. Thereafter, the petitioner was appointed in the Govt. service in Govt. Middle School Durang Khad Dhar-I, Tehsil Pathankot, District Gurdaspur. The petitioner has retired from service on 31.3.2006. The short grievance of the petitioner is that services rendered by her in the privately aided school against the sanctioned post, has not been taken into consideration for grant of pension. The controversy is squarely covered by the judgment of this Court dated 10.3.2010 passed in CWP No.14238 of 1991 wherein this Court on consideration of the various facts including the provisions of Punjab Privately Managed Recognized Aided Schools Recruitment Benefits Scheme 1992 and the provision of Punjab Civil Service Rules, issued following directions:- “For the reasons afore-stated, the writ petitions are allowed and the respondents are directed to count the services rendered by the CWP No.4027 of 2011 (O&M) petitioners in Government Aided Privately Managed Schools against the posts duly sanctioned under the Grant-in-Aid Scheme, towards their `qualifying service' for pension subject to , however, following conditions:- 1) The respondents shall call upon the petitioners to furnish their exact service particulars in respect of the service rendered by them in the Government Aided Privately Managed Schools. Such an information shall be called within a period of two months from the date of receiving a certified copy of this order and the petitioners shall furnish the same within one month thereafter; 2) The respondents shall also call upon the records of the Government Aided Privately Managed Schools and verify as to whether or not the petitioners have served in such Government Aided Schools against the posts duly sanctioned; 3) The respondents shall be at liberty to ascertain as to whether or not the petitioners had resigned from the Government Aided Privately Managed Schools to enable them to join the Government service; 4) The insignificant or small break between the two services shall be condoned in terms of Rule 7.5 (3) of CSR (Volume-I); 5) The benefit of service rendered in Government Aided Privately Managed Schools shall be extended strictly as per the terms and conditions contained in `the Pension Scheme 1992'; 6) If some of the petitioners who are still in service are found to be not entitled to the benefit of their previous service in Government Aided Schools, necessary speaking orders to this effect shall be passed by the respondents; 7) This order shall not be construed to mean acceptance of claim of the petitioners to count the service rendered by them in Government Aided Privately Managed Schools, towards their seniority, proficiency step-up or ACP etc. as the claim in the present writ petitions is confined qua pensionary benefits only; 8) The entire exercise including the payment of consequential arrears shall be completed as early as possible, preferably within a period of one year from the date of receiving a certified copy of this order. Let the case of the petitioner be considered in the light of the aforesaid directions. Petition stands disposed of. ( Permod Kohli ) Judge 31.03.2011 sd 2 CWP No.4027 of 2011 (O&M) 3