CIVIL WRIT PETITION NO.6586 OF 2008 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: JULY 24, 2009 Shyam Kumar .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. K. L. Dhingra, Advocate, for the petitioner. (in CWP No.6586 of 2008) Mr. Vishal Malik, Advocate, for the petitioners. (in CWP No.13369 of 2007) Mr. H. N. Khanduja, Advocate, for the petitioners. (in CWP No.14579 of 2008) Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. Three Civil Writ Petition Nos.6586 of 2008 (Shyam Kumar Vs. State of Haryana and others), 13369 of 2007 (Muni Ram and others Vs. State of Haryana and another) and 14579 of 2008 (Savitri Devi and others Vs. State of Haryana and others), separately filed and argued as such, are being disposed of CIVIL WRIT PETITION NO.6586 OF 2008 :{ 2 }: through this common order as identical question of law arises for determination in all the three writ petitions. The facts in each case are noted here as under:- Civil Writ Petition No.6586 of 2008 The petitioner, who is a Sanskrit Teacher, was posted as such in Government Senior Secondary School, Jagadhri (Yamuna Nagar) since 27.9.1988. Prior to this, he had joined service as Sanskrit Teacher in DAV High School, Ambala Cantt., which is a recongised school, receiving grant-in-aid from the Government. The petitioner in fact had been selected by the Committee and joined the DAV School on 10.11.1983. He applied for appointment through proper channel and was selected for Government Service where he joined on 27.9.1988. When the ACP Scheme was introduced, on the basis of qualifying service, the petitioner represented that his total service from 10.11.1983 be taken as qualifying service for this purpose. His plea was that even if he had continued with his service in DAV School, he would have been entitled to count the entire service for all intent and purposes as the pension scheme had also been introduced for the teachers working in the schools, which were receiving grant-in-aid against sanctioned posts. The petitioner made several representations but is verbally told that the same are under consideration. He has accordingly filed this petition to count his service render in DAV School for the purpose of grant of ACP etc. The petitioner has made reference to similar Civil Writ Petition No.2417 of 2007 (Megh Raj Vs. State of Haryana). In the reply filed by the State, the claim made by the petitioner is opposed. It is submitted that the employees working in CIVIL WRIT PETITION NO.6586 OF 2008 :{ 3 }: the aided schools and the government schools are governed by different sets of rules. By making reference to Rule 3.16 (b) Note 1 of C.S.R Rules, it is stated that the service rendered by the Government employee in the grant-in-aid school and the institution is excluded for pension. It is also pointed out that employees of the privately managed Government aided schools are not granted any standard pay scales/ACP scales as such an incentive is to be given to the employees of the State and the employees of the aided schools are only entitled to the pay scale and the dearness allowance at par with their counter parts working in the government schools. CIVIL WRIT PETITION NO.14579 OF 2008 Three petitioners have approached this Court seeking writ of mandamus to the respondents to count the service rendered by them against the aided posts of J.B.T Teacher in a privately managed school as qualifying service for various pensionary/retiral benefits. These petitioners have rendered service in Hindu Senior Secondary School, Kaithal, for different periods between 1970 to 1991. Petitioner No.1 had served in the said school from 1.8.1981 to 12.11.1991. With effect from 13.11.1991, he was appointed as JBT Teacher in a Government School in District Kaithal. Petitioner No.2 served in Hindu Senior Secondary School from 1.5.1971 to 10.1.1979. With effect from 11.1.1979, he joined the Government service and served till 31.10.2007. Petitioner No.3, Mohinder Gopal, served in Hindu Senior Secondary School from 8.4.1970 to 31.1.1979. Thereafter he joined the Government service and served upto 31.3.2005. The service rendered by the petitioners in Hindu Senior Secondary School is not being counted for the purpose of CIVIL WRIT PETITION NO.6586 OF 2008 :{ 4 }: pension and other retiral benefits. All the petitioners sent their representations for supply of information in this regard. On 29.3.2008, the Haryana Government has notified new pension scheme for employees posted in recognized and aided private school for grant of pension and pensionary benefits. Making reference to the judgment given by this Court where such a service has been ordered to be counted for the purpose of pension and pensionary benefits, the petitioners have filed this writ petition. The stand taken in the written statement is that the teacher of a private aided school can not claim parity as a matter of right in pay and incentives which the Government might confer on its employees. Reference is made to Rules 3.12 and 3.16 of Punjab Civil Service Rules, Volume 2 to say that an employee could be benefitted for qualifying service for pensionary benefits only after fulfilling the conditions contained in these rules. It is accordingly prayed that the writ petition filed by the petitioners be dismissed. CIVIL WRIT PETITION No.13369 OF 2007 This writ petition has been filed by 9 petitioners. Muni Ram (petitioner No.1), Raj Singh Dahiya (petitioner No.2), Smt.Santosh Devi (Petitioner No.3), Brahm Dev Mann (Petitioner No.4), Jai Singh Dabas (petitioner No.5), Zile Singh (petitioner No.6) and Dharamvir Singh (petitioner No.9) were initially appointed on regular basis on 22.8.1967 as J.B.T, Science Master, JBT, SS Master, Science Master, SS Master and Clerk respectively. Roshani Devi and Prem Wati are the petitioners who lost their husbands who were appointed as JBT and Math Master on regular basis on 1.4.1980 and 22.12.1980 respectively. All these petitioners were CIVIL WRIT PETITION NO.6586 OF 2008 :{ 5 }: appointed in Samaj Kalyan High School, Rohat, which is an Government aided private school. This school was taken over by the Government of Haryana on 1.9.1994. All the petitioners were given appointment letter and copy of one such letter given to petitioner No.1 is annexed with the petition as Annexure P-1. Petitioner Nos.1 to 6 and 9 retired on different dates from service. Similarly husband of petitioner Nos.7 and 8 retired from service on 31.10.2005 and 31.1.2003 respectively. They later on died on 12.8.2006 and 18.12.2005 respectively. All these employees have been granted retiral benefits by considering their service from 1.9.1994 till the date of their retirement. In other words, the services rendered by these employees in the government aided private schools till the same was taken over on 1.9.1994 has not been taken into consideration for the purpose of grant of pension and gratuity. Reference is made to the Haryana Government Pension scheme introduced with effect from 11.5.1998, which is applicable to all the employees working against sanctioned posts in the aided schools, holding them entitled to pension and other retiral benefits. When the benefit of this service rendered by the petitioners in private aided school was declined, they have filed this writ petition, pleading that the controversy has already been concluded by the decision of the Hon'ble Supreme Court in this regard. Reference is made to the decision of the Supreme Court in the case of Chander Sain Vs. State of Haryana and others, decided on 7.1.1994, copy of which has been annexed with the petition as Annexure P-4. The Hon'ble Supreme Court in this case has held that the appellant therein was entitled to payment of gratuity to be computed on the basis of entire length of service inclusive of CIVIL WRIT PETITION NO.6586 OF 2008 :{ 6 }: service rendered by him while the College was under private management before it was taken by the State Government. In all the three writ petitions claim on behalf of number of petitioners, is virtually on the ground that services rendered by them on the posts in a private school, receiving grant-in-aid, can not be ignored for the purpose of grant of pension or other retiral benefits and hence, have approached this Court, seeking such declaration. The issue raised in the abovesaid three writ petitions already stand adjudicated by this Court in a decision rendered in Civil Writ Petition No.16817 of 2007 (Vijay Singh Vs. State of Haryana and others) decided on July 22, 2009. It is also noticed that the State has taken a similar stand in response to a notice issued in the said writ petitions. Relying upon the ratio laid down in the cases of Harnandan Singh Vs. State of Punjab and others, 2007 (2) RSJ 437 and Charan Singh Vs. State of Punjab and others, 2006 (6) SLR 624, decided by two different Division Benches of this Court and a case titled Union of India and others Vs. Jawahar Lal Sharma, 2003(3) RSJ 672, the Court has directed the respondents to count the entire service rendered by the petitioners in a privately managed school and in the Government school for the purpose of pension and retiral benefits. Reliance has also been placed on a decision of the Hon'ble Supreme Court in the case of Chander Sain Vs. State of Haryana and others, AIR 1994 Supreme Court 972. In all these cases, the Court has held that the service rendered in the aided school was required to be counted for the purpose of pension and retiral benefits. The issues raised in the writ petitions are covered by the CIVIL WRIT PETITION NO.6586 OF 2008 :{ 7 }: ratio of law laid down in the abovesaid cases. A service rendered in a private school or an aided post, which is receiving grant-in-aid is also made pensionable and as such, the same is required to be taken into consideration for the purpose of pension and retiral benefits. Civil Writ Petition No.6586 of 2008 is accordingly allowed and direction is hereby issued to the respondents to treat the service of the petitioner from 10.11.1983 to 26.9.1988 as qualifying service for all intents and purpose and even for the purpose of grant of ACP and other such incentives. Civil Writ Petition No.14579 of 2008 is also allowed and the order dated 29.7.2008 (Annexure P-12) is set-aside with a further direction to the respondents to take into account the service rendered by the petitioners against the sanctioned and aided posts of JBT and private managed school as a qualifying service for the purpose of pensionary and retiral benefits. Similarly, Civil Writ Petition No.13369 of 2007 is allowed and direction is hereby issued to the respondents to count the service rendered by petitioner Nos.1 to 6 and 9 and husband of petitioner Nos.7 and 8 in the privately managed Government aided school for the purpose of grant of pension and pensionary benefits. All the writ petitions are accordingly allowed in the above terms. There shall, however, be no order as to costs. July 24,2009 ( RANJIT SINGH ) khurmi JUDGE