CWP No.4919 of 2011 -1- In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 18.03.2011 1. CWP No.4919 of 2011 Balram Vs. State of Punjab and others 2. CWP No.4986 of 2011 Anil Kumar Vs. State of Punjab and others CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. SK Rattan & Ms. Alka Chatrath, Advocates, for the petitioners. PERMOD KOHLI, J. (Oral): Petitioners have filed this petition seeking directions in the nature of mandamus directing the respondents to take into consideration the services rendered by them in privately managed Govt. aided schools for reckoning service with effect from 28.05.1994 to 26.12.1996 and 03.10.1978 to 26.04.1997, respectively, for retiral/pensionary benefits. It is admitted position that the controversy involved in this petition is squarely covered by a judgment of this Court dated 10.03.2010 passed in CWP No.14238 of 1991 and other connected matters, wherein following observations have been made:- “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 CWP No.4919 of 2011 -2- Aided Privately Managed Schools against the posts duly sanctioned under the Grant-in-Aid Scheme, towards their “qualifying 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 Privately Managed Schools 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 (Vol.-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 CWP No.4919 of 2011 -3- Pension 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 Privately Managed 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 petitions 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”. In view of the above, these writ petitions are accordingly allowed. Petitioners shall be entitled to the similar relief as granted in the aforesaid judgment. A copy of this order be placed on the record of connected filed. 18.03.2011 (PERMOD KOHLI) BLS JUDGE CWP No.4919 of 2011 -4-