CIVIL WRIT PETITION NO.4782 OF 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: NOVEMBER 27, 2009 Chander Pal .....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. Jagbir Malik, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioner has prayed for issuing a writ of mandamus to consider the period of his service rendered in the aided school as qualified service for the purpose of pension and other retiral benefits. The petitioner was appointed as a J.B.T Teacher against an aided sanctioned post on 12.5.1971 in Arya Senior Secondary School, G.T.Road, Panipat. The petitioner applied for appointment to J.B.T Teacher in response to an advertisement issued by Government of Haryana in the year 1983. The petitioner was selected and was directed to join his duties as J.B.T Teacher in CIVIL WRIT PETITION NO.4782 OF 2009 :{ 2 }: Government Primary School, Manchuri, District Karnal. The petitioner submitted his resignation to Arya School which was accepted on 19.8.1983 and he was relieved from his duties on 20.8.1983. Thereafter, the petitioner joined the new appointment. In November 2000, the petitioner made a request for counting his service rendered from 12.12.1971 to 19.8.1983 rendered as a J.B.T Teacher on an aided post. In fact, the Government of Haryana had introduced a pension scheme for the private aided schools on 31.5.1999. Still the prayer of the petitioner for counting the above service for the purpose of annual increment, higher standard scale, A.C.P., pension and other benefits was not being granted. The petitioner served an advance notice on 1.1.2007 and has thereafter filed this writ petition. In the reply filed, the respondents have disputed the claim made by the petitioner. It is stated that the petitioner was given a fresh appointment and as such, can not claim the benefit of the service rendered by him on the aided post. Reference is also made to some judgments to say that the teacher of a privately aided school cannot claim parity as a matter of right in pay and incentive which the Government might be intended to confer to its own employees. Reference is also made to a judgment where benefit of service under private management was declined. Respondents would also make reference to the provisions of the C.S.R, Volume II to say that employee can claim benefit for his qualifying service only if he fulfills the conditions contained in these rules. Accordingly, it is pleaded that the petitioner is not entitled to the claim made in the writ petition. The issue raised in the above said writ petition already stands adjudicated by this Court in a decision rendered in Civil Writ CIVIL WRIT PETITION NO.4782 OF 2009 :{ 3 }: Petition No.16817 of 2007 (Vijay Singh Vs. State of Haryana and others), decided on July 22, 2009. It is also noticed that the State has taken a similar stand in response to a notice issued in the said writ petition. 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 petitioner 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 issue raised in the writ petition is 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. The writ petition is accordingly allowed in the above terms. There shall, however, be no order as to costs. November 27, 2009 ( RANJIT SINGH ) khurmi JUDGE