COCP No. 2009 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 2009 of 2011 Date of Decision: 8.12.2011 Mool Chand and others ....Petitioners. Versus Sh. Hussan Lal and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. RKS Verma, Advocate for the petitioners. Mr. G.S. Cheema, Senior DAG, Punjab. AJAY KUMAR MITTAL, J. 1. This Court while allowing CWP No. 6053 of 2009 vide order dated 17.5.2010 had issued the following directions to the respondents:- “For the reasons afore-stated, the writ petitions are allowed and the respondents are directed to count the services rendered by the petitioners in Government Aided Privately Managed Schools against the posts duly sanctioned under the Grant-in- Aid Scheme, towards their 'qualifying service' for pension subjection to, however, following conditions:- 1) The respondents shall call upon the petitioners to furnish their exact service particulars in respect of the service rendered by them in the COCP No. 2009 of 2011 -2- Government Aided Privately Managed Schools. Such an information shall be called within a period of two months from the date of receiving a certified copy of this order and the petitioners shall furnish the same within one month thereafter; 2) The respondents shall also call upon the records of the Government Aided Privately Managed Schools and verify as to whether or not the petitioners have served in such Government Aided Schools against the posts duly sanctioned; 3) The respondents shall be at liberty to ascertain as to whether or not the petitioners had resigned from the Government Aided Privately Managed Schools to enable them to join the Government service; 4) The insignificant or small break between the two services shall be condoned in terms of Rule 7.5(3) of CSR (Volume-I); 5) The benefit of service rendered in Government Aided Privately Managed Schools shall be extended strictly as per the terms and conditions contained in 'the Pension Scheme 1993'; 6) If some of the petitioners who are still in COCP No. 2009 of 2011 -3- service are found to be not entitled to the benefit of their previous service in Government Aided Schools, necessary speaking orders to this effect shall be passed by the respondents; 7) This order shall not be construed to mean acceptance of claim of the petitioners to count the service rendered by them in Government Aided Privately Managed Schools, towards their seniority, proficiency step-up or ACP etc. as the claim in the present writ petitions is confined qua pensionary benefits only; 8) The entire exercise including the payment of consequently arrears shall be completed as early as possible, preferably within a period of one year from the date of receiving a certified copy of this order.” 2. Learned counsel for the petitioners submitted that the respondents had failed to comply with the aforesaid directions which necessitated the petitioners to approach this Court by way of instant petition under the Contempt of Courts Act, 1971. 3. Upon notice having been issued, reply by way of short affidavit of respondent No.2 has been filed. Along with the reply, copy of speaking order dated 13.10.2011 (Annexure R-1) in compliance with the directions of this Court has been appended. 4. In view of the above, no further action is called for in the present contempt petition and the same stands disposed of accordingly. COCP No. 2009 of 2011 -4- It shall, however, be open to the petitioners to take recourse to legal remedies in accordance with law to challenge the order dated 13.10.2011 (Annexure R-1). December 8, 2011 (AJAY KUMAR MITTAL) gbs JUDGE