IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3405 of 2009. Date of Decision: 7th July, 2011. _______________________________________________________ Smt. Prem Lata Sharma ....Petitioner. Versus State of Himachal Pradesh and another … Respondents. Coram Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 No. For the petitioner: Ms. Nishi Goel, Advocate. For the respondents: Mr. A.K. Bansal, Addl. Advocate General. _________________________________________________________ Surinder Singh, J (Oral). By means of present petition, the petitioner mainly sought following relief:- “ i) That the respondents may be directed to count the service rendered by petitioner in Janta Middle School, Jeori, from 23.12.1985 towards qualifying service for pensionary benefits in her service rendered as TGT (Arts) under respondent department from 12.4.1999 (Annexure P-3), with all consequential benefits.” 2. Facts disclose that in the month of March, 1999, the petitioner was appointed as TGT (Arts) in Government Senior Secondary School, Kalbagh, District Shimla. Thereafter she remained posted at various places. On 29.8.1999, the petitioner submitted representation dated 29.8.1999 1 Whether the reporters of Local Papers may be allowed to see the judgment? - 2 - (Annexure P-4) to the respondent-Director of Higher Education for counting her previous service of 13 years rendered in private school for the benefit of seniority and pension, but it was not responded to, as such the petitioner filed OA No.3591 of 1999 before the erstwhile Administrative Tribunal, which was dismissed vide order dated 29.6.2006 (Annexure P-5). 3. It is contended that subsequently, the Higher Education Department of State Government issued Notification No.Shiksha-II-E(1)- 4/2007 dated 5th March, 2008 (Annexure P-6), whereby it decided to introduce the ‘Self Contributory Pension and Gratuity Scheme’ for the Employees of Privately Managed Govt. Aided and Recognized Schools upto the level of higher secondary. Now the petitioner seeks benefit under the Scheme aforesaid as her earlier service rendered in one of such Schools. 4. According to learned Additional Advocate General, the petitioner is not covered under the Scheme, as she had joined the service prior to the date of the said Scheme. The learned Counsel for the petitioner submits that the petitioner would feel satisfied, if the respondents - 3 - sympathetically consider her case in light of her representation (Annexure P-4), if any pending. While doing so, the Director of Education is directed to sympathetically consider the case of the petitioner within the legal parameters, within a period of two months from today and take final decision in the matter, under intimation to the petitioner. 5. The petition stands disposed of in the above terms. 6. In view of the disposal of the main petition, all pending application(s), if any, shall stand disposed of. July 7th, 2011. (Surinder Singh), (rc) Judge.