IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.20263 of 2008 (O&M) Date of Decision : 20.01.2010. Parkash Kaur .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Arvind Thakur, Advocate, for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) The petitioner seeks quashing of the order dated 11.5.2005 (Annexure P-6) whereby the pensionary benefits have been denied to her on the ground that the Government service rendered by her is less than 10 years. The undisputed facts are that the petitioner joined as a Peon in Bharat High School, Toto Majra, District Hoshiarpur on 7.9.1981. The aforesaid school was a Government aided and privately managed school. The management of the school was taken over by the State Government vide notification dated 10.11.1997. Even before that, the State of Punjab C.W.P.No .20263 of 2008 (O&M) 2 had notified “Punjab Privately Managed Recognized Aided Schools Recruitment Benefit Scheme, 1992” under which the notional benefits like pension etc. were made admissible to the employees of the Government aided privately managed schools in view of the contribution of the provident fund. The fact of the matter is that after the school was taken over by the State government, the petitioner continued in service till she retired on attaining the age of superannuation on 31.3.2005. The respondents have denied the pensionary benefits to the petitioner on the premise that the Government service rendered by the petitioner w.e.f. 1.1.1997 to 31.3.2005 is less than 10 years. In other words, the service rendered by the petitioner before the school was taken over by the State Government, has not been taken counted for the purposes of retiral benefits. During the course of hearing, it is not disputed by the learned State counsel that the controversy as to whether or not an employee like the petitioner is entitled to the benefit of service rendered in the Government aided private school for the purpose of retiral benefits, has been answered in favour of the employee(s) by a Division Bench of this Court in a decision dated 11.7.2006 rendered in Civil Writ Petition No.12432 of 2004 (Charan Singh versus State of Punjab and others) (Annexure P-7). The writ petition is accordingly allowed in terms of the decision of this Court in Charan Singh's case (supra) and consequently, C.W.P.No .20263 of 2008 (O&M) 3 the impugned order dated 11.5.2005 (Annexure P-6) passed by respondent No.5 is quashed. The respondents are directed to count the service of the petitioner rendered by her in the Government aided privately managed school, towards her total effective service for the purpose of granting retiral benefits to her. The needful, including payment of arrears of such period, shall be done within a period of four months from the date of receiving a certified copy of this order. Dasti. 20-01-2010 (SURYA KANT) Mohinder JUDGE