Civil Writ Petition No. 13925 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 13925 of 2011 Date of decision:-03.8.2011 Lalit Kumar ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Mohit Jaggi, Advocate for the petitioner. Ms. Anu Pal, AAG Punjab. RITU BAHRI J.(Oral) This writ petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to consider the service rendered by the petitioner in privately managed recognized aided schools before joining the Government service for grant of benefit of pensionary benefits, proficiency step up increments etc. The petitioner was working in a privately managed Government aided school. Till 15.5.1975 the petitioner has worked in privately managed Government aided recognized school i.e. S.A.N. Jain Higher Secondary School, Ludhiana as J.B.T. Teacher. Thereafter on 26.5.1975 the petitioner has joined as Hindi Teacher in Government High School Qila Raipur, Ludhiana. The petitioner was retired on 31.10.2006. The claim of the petitioner is that the period spent in the privately managed grant aided schools should be counted for pension and gratuity in lieu of the Contributory Provident Fund Scheme as provided by the Civil Writ Petition No. 13925 of 2011 -2- Government of Punjab vide circular dated 25.5.1989. This issue came up for hearing for consideration before this Court in Writ Petition No.14238 of 1991 decided on 10.3.2010 in 'Sukhdev Singh and others versus State of Punjab and others' (Annexure P-1). This Court had considered the policy circular of State of Punjab notified in the year 1992, namely, the Punjab Privately Managed Recognized Aided Schools Recruitment Benefits Scheme, 1992. The Full Bench of this Court in Kesar Chand versus State of Punjab and others (AIR 1988, Punjab & Haryana 265) examined Rules 3.17A, 3.16 and 3.30 and a direction has been given to count the service rendered on work-charge basis before regularization towards their qualifying service for pension plus gratuity. Counsel for the State does not dispute that if petitioner fulfils the conditions in the decision dated 10.3.2010 in Annexure P-1, the petitioner's case can be considered for granting benefit of service rendered in the Government aided private schools. The writ petition is disposed of and direction is given to the respondents to consider the case of the petitioner in view of the judgment (Annexure P-1) dated 10.3.2010 and pass a speaking order within a period of two months from the date of receipt of certified copy of this order. August 03, 2011 ( RITU BAHRI ) Vijay Asija JUDGE