CIVIL WRIT PETITION NO.4377 OF 2007 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: AUGUST 26, 2009 Ramesh Sharma .....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. Anurag Goyal, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioner, who has retired as a teacher, seeks counting of his service rendered in the private school on an aided post for the purpose of pension with the service rendered by him subsequently in the Government employment. This issue has been subject matter of adjudication in number of cases. It has consistently been held that the service which is rendered in a Government aided private school, would have to be counted as a qualifying service for the purpose of pension and added to the service rendered by such an employee in the Government service to which he is subsequently CIVIL WRIT PETITION NO.4377 OF 2007 :{ 2 }: appointed. The facts, in brief, are that the petitioner was appointed as a Science Master in A.S.High School, Ambala, run by D.A.V College Management Committee, New Delhi on 9.8.1987. On 23.3.1993, the petitioner was selected as Science Master in Haryana Education Department. The A.S.High School, where the petitioner was earlier appointed, was being funded by the Government of Haryana. After joining the Government service, the petitioner submitted representation, claiming benefit and protection of the service rendered by him in A.S.High School, Ambala. When no action was taken on the representation, the petitioner submitted a legal notice dated 7.3.2005. Still no action was taken and the petitioner filed Civil Writ Petition No.9128 of 2005, which was disposed of with a direction to the respondents to decide the legal notice served by the petitioner. On 17.10.2005, the claim of the petitioner was rejected on the ground that as per Rule 3.12 read with Rules 3.16 and 3.17, he is not entitled to add this service and count the same for retiral and pensionary benefits. The order rejecting the claim of the petitioner can not be sustained as an identical issue raised in number of 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) 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 petition. 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) CIVIL WRIT PETITION NO.4377 OF 2007 :{ 3 }: 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 issue raised in the writ petition is covered by the 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. Accordingly, the writ petition is allowed and the order dated 17.10.2005 (Annexure P-9) is set-aside with a further direction to the respondents to treat the seniority of the petitioner from 10.11.1987 to 20.9.2004 as qualifying service. The respondents are directed to take into account the service rendered by the petitioner against the sanctioned and aided post of Science Master and private managed school as a qualifying service for the purpose of pensionary and retiral benefits. August 26, 2009 ( RANJIT SINGH ) khurmi JUDGE