IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11890 of 2010 Date of decision: 23.02.2011 Radhe Shyam Garg ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. R.N. Sharma, Advocate, for the petitioner. Mr. S.S. Patter, DAG, Haryana, for the State. Mr.Gaurav Sethi, Advocate for respondent No. 4. Mr. B.K. Sharma, Advocate for respondent No. 5. RANJIT SINGH J. The petitioner was appointed as Maths Master on 30.07.1977 with Hari Nam Gaurwati Vidyalaya, Radaur Road, Yamuna Nagar. The petitioner had thereafter joined Mukand Lal National Higher Secondary School, Yamuna Nagar on 05.09.1979. On introduction of the pension scheme, the petitioner was allowed pension by taking into account the service rendered w.e.f. 01.09.1981 to 31.12.2003. Referring to the amendment made by the State Government in Haryana School Education (Amendment) Rules through notification dated 19.01.2007, the petitioner had approached the management of the school to work out the CPF share for depositing the same to count the service for the purpose of pension. The petitioner, accordingly, deposited sum of Rs. 9718/- with respondents on 31.12.2008. The petitioner has, thus, prayed for counting the service w.e.f. 01.08.1977 to 31.12.2003 for granting him Civil Writ Petition No.11890 of 2010 -2- pension. When the respondents did not take any action, he had filed this writ petition. In the reply filed, the State has agreed to count the service of the petitioner w.e.f. 05.09.1979 to 31.08.2003 but the prayer for counting the service w.e.f. 01.08.1977 to 04.09.1979 has been declined on the ground that it is not permissible under the rules. The prayer has been declined as the petitioner has not contributed towards provident fund for this period. Let the respondents count the service of the petitioner for the purpose of pension w.e.f. 05.09.1979 to 31.12.2003. The prayer of the petitioner for counting the service from 01.08.1977 to 04.09.1979 be considered in terms of definition of qualifying service as given in Rule 5 of Haryana Aided Schools (Special Pension and Contributory Provident Fund) Rules, 2001. The petitioner may make a representation in this regard to the respondents and show that he is fully eligible to count this service for the purpose of counting this service for pension as well. As per the case set up by the petitioner, he has already deposited share of Contributory Provident Fund for the period as well. The respondent-Government would pass an appropriate order taking into account the rule position and if this service is required to be counted, the same will be done accordingly. In case, the same is declined in any manner, the petitioner may have his remedy in accordance with law. The writ petition is, accordingly, disposed of. February 23, 2011 (RANJIT SINGH ) rts JUDGE