Civil Writ Petition No. 4910 of 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 4910 of 1988 Date of decision: 13.8.2009 Tek Chand Sharma and others ...petitioners Versus State of Haryana and another ...respondents. CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Ms. Harmanpreet Kaur, Advocate for the petitioners. Mr. Harish Rathee, Sr.DAG, Haryana for the State. ***** RANJIT SINGH J. This writ petition was filed by 118 teachers, who were working in private colleges, which subsequently were taken over by the Government. The prayer made in the petition is to count their service rendered in the college after it was taken over for the purpose of counting their pension. The mention to facts in detail may not be needed in view of the subsequent developments which have since taken place. Counsel for the petitioners, today, points out that except for 11 out of 118 petitioners, the relief claimed for counting the service for grant of pension has already been granted. The counsel in this regard has placed before me a communication dated 29.8.2007 issued by the Commissioner and Secretary to the Government Haryana, wherein the order for counting the service rendered in the private colleges prior to taking over by the State Government is made. The conditions for counting the service Civil Writ Petition No. 4910 of 1988 2 rendered by the petitioners in the private colleges are also contained in this communication and reads as under: “ Sanction is hereby accorded to count pass service towards pensionary benefits to the staff of the erstwhile Private Colleges taken over by the State Govt. in relaxation of instruction issued vide O.M. No. ½(4)96- 2F.R.II dated 7th January, 2002 subject to the following conditions: 1. These benefits will be given subject to the condition that staff of the taken over Colleges (teaching and non- teaching) who were Contributing towards Contributory provident Fund and they will deposit the share of the contribution made by the Management alongwith 10% annual compounded interest (upto the date of depositing) in lump sum in Govt. Treasury. 2. This offer will be optional and applicable only to those who agree to refund the Management Share (before the date of taking over the College by the State Government alongwith 10% annual compounded interest). This amount can be deducted from their gratuity and they will give an undertaking to this effect that if the amount of Contributory Provident Fund is more than gratuity payable to them, then the pensioners will deposit the excess amount in Govt. Treasury. 3. These benefits will be made effective in respect of the staff of the taken over Colleges (teaching and non- Civil Writ Petition No. 4910 of 1988 3 teaching) from the date of Pension Scheme made applicable in Private Aided Colleges i.e. with effect from 11.5.98. This issue with the concurrence of F.D. conveyed vide their U.O. NO. 3/76/06-2FD-II/3240 dated 06.06.2007.” Petitioners No. 2, 3, 4, 5, 7, 9, 13 and 17 who were working in Government National College, Sirsa had retired prior to 11.5.1998. Petitioner No. 28 who was working in Govt. College, Bhiwani, petitioner No. 29 who was working in Govt. College, Mahendergarh and petitioner No. 32 who was working in K.M. College, Narwana had also so retired prior to 11.5.1998. Since the pension scheme has been made effective from 11.5.1998 in respect of the staff, which was taken over by the Government alongwith the college, these petitioners are not being given the benefit of counting their service rendered in the respective private colleges for the purpose of grant of pension. The relief claimed by the petitioners except 11 petitioners referred to above, who had retired prior to 11.5.1998 have thus been granted. The petition qua them is thus rendered infructuous. 11 petitioners who have not been granted this benefit, however, have filed a representation against the same, which is pending adjudication. Counsel for the petitioners submits that the petition qua them may be disposed of with the direction to the respondents to decide their representation within time bound period. The copy of the representation, however, is not placed on record. Civil Writ Petition No. 4910 of 1988 4 In view of the submission as made above, the writ petition qua these 11 petitioners is disposed of with the direction to the respondents to decide their representation, if so already filed within a period of three months from the date of receipt of copy of this order by passing speaking order. The respondents shall also keep in view the various judgments passed by this Court relevant on the subject. If any of the petitioners have not filed any representation so far, they would be at liberty to file a representation within a period of two weeks from today. The copy of the communication dated 29.8.2007 referred to above and handed over by the counsel for the petitioner is marked 'A' and kept on record. The writ petition is accordingly disposed of in the above terms. August 13, 2009 ( RANJIT SINGH ) rts JUDGE