IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.153 of 2005 (O&M) Date of decision: 25.3.2010 State of Punjab and another -----Appellants Vs. Om Parkash (dead) through LRs and others -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Jaswinder Singh, DAG, Punjab for the appellants. Mr. Praveen Chauhan, Advocate for the respondents. --- Adarsh Kumar Goel,J. 1. This appeal has been preferred by the State of Punjab against order of learned Single Judge allowing the writ petition of the respondents and directing counting of his service rendered in another aided school for purposes of pension. 2. The writ petitioner served from 1953 to 1961 in Vedic Dharam Middle School, Bazar Tokarian, Amritsar and thereafter joined in Pandit Baij Nath Senior Secondary School, Hall Gate, Amritsar, where he served after 1980. In LPA No.153 of 2005 (O&M) 1980, he joined Khalsa College Senior Secondary School, Amritsar from where he retired in the year 1988. Under the service rules applicable to aided schools, pensionary benefits were available as per Punjab Privately managed Recognised Aided Schools Retirement Benefits Scheme, 1992. However, claim of the writ petitioner for counting service rendered with Vedic Dharam Middle School, Amritsar and Pandit Baij Nath senior Secondary School, Amritsar was not accepted and for this relief, writ petition was filed. Reliance was placed on relevant part of the above scheme providing for counting of past service for retirement benefits. The said provisions is as under:- “5. The service rendered on an aided post in another privately managed recognized school in the State of Punjab shall count for retirement benefits. Provided that the contributory Provident Fund account of the employees in the previous school continued as such in the subsequent school to which he is transferred or appointed and there is no break in service.” 2 LPA No.153 of 2005 (O&M) 3. Learned Single Judge following an earlier judgment in Kasturi Lal Khuran and others v. State of Punjab and others CWP No.5661 of 1999, decided on 4.4.2002, upheld the claim of the writ petitioner. 4. When this appeal came up for hearing on 28.8.2006, stay was declined. During pendency of the appeal, the writ petitioner died and his legal heirs have been brought on record. 5. In view of the fact that the order of learned Single Judge has already been implemented and the writ petitioner has died, we are of the view that there is no ground to interfere with the view taken by learned Single Judge. Moreover, LPA No.162 of 2010 (The State of Haryana and others v. Vijay Singh) raising identical point was dismissed on 8.2.2010 holding:- (Adarsh Kumar Goel) Judge March 25, 2010 (Alok Singh) ‘gs’ Judge 3