CWP No.15504 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15504 of 2010 Date of Decision: 30.08.2010 **** Promila Talwar and others . . . . Petitioners VS. State of Punjab & Anr. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. RK Arora, Advocate for the petitioners Mr. H.S. Brar, Addl. AG Punjab ***** SURYA KANT J. (ORAL) (1). Notice of motion. Mr. H.S. Brar, learned Addl. AG Punjab accepts notice on behalf of the respondents. In view of the nature of order which I propose of pass there is no necessity to call upon the respondents to file their counter-reply at this stage. (2). The petitioners, who retired as Headmistresses/SS Mistresses/Teachers/Lecturers/Headmasters/Princi pals from the Government Aided Privately Managed Recognised Schools seek a mandamus to direct the respondents to count the entire service rendered by them in more than one such recognized school for the purpose of pensionary benefits as the CWP No.15504 of 2010.doc - 2 – respondents have allegedly counted the same from the date of starting contribution to the Contributory Provident Fund. They also seek all the consequential benefits/arrears along with interest @ 18% per annum. (3). Learned counsel for the parties are ad idem that the controversy involved in the present writ petition stands settled in favour of the petitioners vide a Division Bench judgement dated 17.05.2007 passed in CWP No.14051 of 2005 (Ram Lubhaya Khanna and others v. State of Punjab & Another) (Annexure P2), wherein the action of the respondents was declared illegal with the following observations:- “In view of the above, the action of the respondents in refusing to grant pension to the petitioners is declared as illegal. The petitioners are entitled to count their service record as qualifying service for the purpose of pension. However, the contribution to the Contributory Provident fund, which was required to be made by the petitioners, shall be adjusted and deducted from the arrears of their pension. The respondents are, therefore, directed to calculate the pension of the petitioners and fix the same within a period of two months from the date a certified copy of this order is received by them. The arrears after calculation in the aforementioned manner be paid to them within the stipulated period along with other retiral benefits, if any.” CWP No.15504 of 2010.doc - 3 – (4). For the reasons assigned in Ram Lubhaya Khanna’s case (supra), the present writ petition is allowed in same terms. (5). Ordered accordingly. Dasti. 30.08.2010 vishal shonkar (SURYA KANT) JUDGE