CIVIL WRIT PETITION NO.16676 OF 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: DECEMBER 08, 2010 Mangal Jit Luthara and another .....Petitioners 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. H. N. Khanduja, Advocate, for the petitioners. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioners claim that the service rendered by them while serving on aided and sanctioned posts of S.S.Masters in a private aided School be counted towards their pensionable service by adding the same with the service rendered by them on a pensionable post. Petitioner No.1 worked on a sanctioned aided post of S.S.Master in S.D.Senior School, Karnal from 7.7.1972 to 24.10.1983. In this regard, he was issued experience certificate on CIVIL WRIT PETITION NO.16676 OF 2009 :{ 2 }: 20.8.2001. Petitioner No.2 served on an aided post from 31.8.1964 to 14.10.1966 with V.K.Model Senior Secondary School, Rohtak and also rendered service on an aided post of S.S.Master from 15.10.1966 to 29.7.1968. Both the petitioners represented for counting of their respective service rendered on the aided posts for the purpose of pension. Petitioner No.2 also served a legal notice on 5.8.2009. When nothing was done, the petitioners have approached this Court with the prayer for issuing direction to count their respective service for the purpose of pension. The respondents would contest the claim of the petitioners, though would not dispute that they had rendered serviced on the aided posts before joining the Government service, for which they are entitled to pension. Respondents would rely upon Rule 3.16 of C.S.R. Volume II, to contest the claim of the petitioners. The counsel for the petitioners submits that the issue is squarely covered by decision of this Court in Civil Writ Petition No.6586 of 2008 (Shyam Kumar Vs. State of Haryana and others) decided on July 24, 2009. The respondents, in turn, refers to a stay granted by L.P.A Bench, when the similar decision in Civil Writ Petition No.14579 of 2008 titled Smt.Savitri Devi and others Vs. State of Haryana and others, is put under challenge. Counsel for the petitioners, however, points out that the said LPA has been dismissed and the order has also been upheld by the Hon'ble Supreme Court, when SLP filed against the same was dismissed. CIVIL WRIT PETITION NO.16676 OF 2009 :{ 3 }: This fact was not disputed by Mr.Rathee, appearing for the State. Thus, the issue of grant of benefit of service rendered on the aided post is no more in dispute and stand settled. The writ petition, therefore, deserves to be allowed in terms of the order passed in Savitri Devi's case (Supra). Direction is hereby issued to the respondents to count the service rendered by the petitioners in a privately managed Government aided school for the purpose of grant of pension and pensionary benefits. The writ petition is accordingly allowed. 8.12.2010 ( RANJIT SINGH ) khurmi JUDGE