IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 20980 of 2010 Date of decision: 25.01.2011 Surjan Singh ..Petitioner Versus State of Punjab & Others ..Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. R.K. Arora, Advocate, for the petitioner (s). Mr. Puneet Gupta, Additional Advocate General, Punjab for the respondents. **** PERMOD KOHLI, J.(ORAL) The petitioner initially joined the Doaba Khalsa Senior Secondary School, Ladowal Road, Jalandhar as Science Master on 15.8.1966, which was a Government Aided School and he was working on sanctioned aided post. Thereafter, the petitioner applied for Government Service and he was selected and appointed as Science Master in the Department of Education, Punjab. On such appointment petitioner resigned from the Aided School to join the Government School and relieved on 1.2.1972 and joined the Government High School, Adampur, Jalandhar on 2.2.1972. The petitioner has retired on 30.4.2000, on completion of his age of superannuation. The petition has been filed seeking the direction for pay protection and for taking into consideration the service rendered in Government Aided School for the purpose of pensionary benefits. The issue is covered by a judgement of this Court CWP No. 20980 of 2010 -2- dated 10.3.2010 passed in CWP No.14238 of 1991 titled 'Sukhdev Singh & Others vs. State of Punjab & Others'. The Operative part of the judgement reads as under:- "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 service for pension subject 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 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 School 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 CWP No. 20980 of 2010 -3- Scheme 1992; 6.If some of the petitioners who are still in 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 petition is confined qua pensionary benefits only. 8.The entire exercise including the payment of consequential 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". The claim of the petitioner is admitted in the reply. In so far as the pensionary benefit is concerned the petitioner is at liberty to file representation to the respondents and the same shall be considered in accordance with the Rules to be decided within a period of three months from the date of receipt of certified copy of this order. (PERMOD KOHLI) 25.01.2011 JUDGE Poonam (II)