CIVIL WRIT PETITION NO.10322 OF 2008 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: SEPTEMBER 04, 2009 Rachhita Kumari .....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. J. S. Chahal, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. Mr. Kamal Sehgal, Advocate, for respondent No.4. Mr. Krishan Singh, Advocate, for respondent No.5. **** RANJIT SINGH, J. The petitioner has filed this writ petition for issuance of a direction to the respondents to count his service from 30.10.1967 to CIVIL WRIT PETITION NO.10322 OF 2008 :{ 2 }: 11.10.1986, which she had rendered in a Government aided school, as qualifying service for the purpose of pension and other retiral benefits. The petitioner was appointed as JBT Teacher in Saraswati Vidya Mandir School, Jagadhri. While working there, she applied for the post of JBT teacher in Haryana Government, where she was selected and appointed as such on six months basis vide order dated 10.10.1986. Her services were thereafter regularised w.e.f. 1.1.1991 vide order dated 10.4.1991. The petitioner made a representation on 13.9.2005 with a request to count her previous service rendered in the abovesaid private aided school for the purpose of pension and other retiral benefits. However, no action was taken on the said representation. In the meantime, on 31.3.2006, the petitioner retired from service on superannuation. Another representation made by her on 1.7.2007, also met the same fate. Reference is also made to the Rules known as Haryana Aided Schools (Pension and Contributory Provident Fund) Rules, 1999 and the instructions dated 7.1.2002 issued by the Haryana Government. As per these instructions, the previous service of the employee of State Government or of an autonomous body is to be counted for the purpose of pension etc. However, when the benefit of this service rendered by the petitioner in private aided school was not given to her, she has filed this writ petition, pleading that the controversy already stands concluded by various decisions of this Court. After issuance of notice of motion, various opportunities were given to respondent Nos.1 to 3 and 5 but no reply has been filed. Respondent No.4-Provident Fund Commissioner has filed short CIVIL WRIT PETITION NO.10322 OF 2008 :{ 3 }: reply, stating therein that no relief is claimed against him. The issue raised in the abovesaid writ petition already stands adjudicated by this Court in a decision rendered in various writ petitions, including Civil Writ Petition No.16817 of 2007 (Vijay Singh Vs. State of Haryana and others), decided on July 22, 2009. 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) 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 issues raised in the instant petition is, thus, 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 direction is hereby issued to the respondents to treat the service of the petitioner CIVIL WRIT PETITION NO.10322 OF 2008 :{ 4 }: from 30.10.1967 to 11.10.1986 as a qualifying service for the purpose of pensionary and retiral benefits. September 04, 2009 ( RANJIT SINGH ) khurmi JUDGE