Civil Writ Petition No.19464 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Civil Writ Petition No.19464 of 2010 Date of Decision:-24.02.2011 Shamsher Singh. ......Petitioner. Versus State of Punjab & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- None for the Petitioner. Mr. Puneet Gupta, Additional Advocate General, Punjab. *** JASWANT SINGH, J.(ORAL) Present Civil Writ Petition has been filed under Articles 226/227 of the Constitution for issuance of a writ in the nature of Certiorari quashing the Clause 15 of the appointment letter dated 01.12.2006(P-3) issued to the petitioner appointing him as Headmaster being illegal, arbitrary, discriminatory and violative of Articles 14 & 16 of the Constitution. It is stated that the petitioner was working as lecturer in the subject of Chemistry in the Department of Education, Punjab since February 01st, 1996. He applied for appointment to the post of Headmaster in pursuance to the advertisement dated 21.10.2006 and was selected and Civil Writ Petition No.19464 of 2010 #2# recommended for appointment. The grievance of the petitioner is that while appointing him as Headmaster vide appointment dated 1.12.2006 arbitrary Clause 15 has been inserted whereby he has been debarred from the benefit of pension/family pension though he was at present entitled and eligible for the grant of pension/family pension on his superannuation from the post of lecturer as governed by 1978 Recruitment Rules. The Government while debarring the newly appointed Headmasters and Headmistresses from the benefit of existing pension/family pension scheme had made applicable a new contributory pension scheme to be notified by the government. It is asserted that the similarly situated candidates had filed a bunch of petitions which were allowed by this court vide judgment dated 06.11.2009 and the petitioner is also entitled to the same relief. Mr. Puneet Gupta, Additional Advocate General, Punjab on instructions from Mr. Shashi Garg, Legal Assistant, Director of Secondary Education, Government of Punjab concedes that the present petition is squarely covered by decision of this Court in CWP No.19697 of 2006 titled as Subash Singh & Others Vs. State of Punjab & Another decided on 06th November, 2009(P-11), therefore, he has no objection if the present petition is allowed in terms of judgment(P-11). In view of the statement of the learned counsel for the respondent State, the present petition is allowed in terms of the judgment rendered in CWP No.19697 of 2006 titled as Subash Singh & Others Vs. State of Punjab & Another decided on 06th November, 2009(P-11). ( JASWANT SINGH ) JUDGE February 24, 2011 Vinay