Civil Writ Petition No.18544 of 2006 : 1 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: November 06, 2009 Randhir Singh ...Petitioner VERSUS State of Haryana & another ...Respondents CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 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.R.K.Malik, Senior Advocate with Ms.Renu Chaudhary, Advocate, for the petitioner. Mr.Harish Rathee, Sr.DAG, Haryana, for the State. ***** RANJIT SINGH, J. This order will dispose of three Civil Writ Petition Nos.18544 of 2006 (Randhir Singh Vs. State of Haryana & another), 11700 of 2008 (Ved Parkash Nagpal Vs. State of Haryana & another) and 15263 of 2009 (Kamlesh Kumari Vs. State of Haryana & another). Civil Writ Petition No.18544 of 2006 : 2 : The petitioners in these cases have filed separate writ petitions seeking writ of mandamus to consider the period of their service rendered in the aided schools as qualified period for the purpose of pension and other retiral benefits. Randhir Singh petitioner in CWP No.18544 of 2006 was appointed as Master in Janta High School, Kaul, Kaithal on 22.8.1970. The petitioner was promoted as Headmaster on 1.8.1987 and confirmed with effect from the same date. This school was taken over by the Government on 14.2.1990. The petitioner was absorbed in the Government service. The services of the petitioner were also regularised w.e.f.31.5.1990, but has been granted pension and pensionary benefits by considering his service from 31.5.1990 to 31.10.2005. The service rendered by the petitioner while he was serving on an aided post in the private school from 22.8.1970 to 30.5.1990 has not been taken into consideration. The petitioner in Civil Writ Petition No.11700 of 2008 was appointed as Lecturer in Commerce in Government Aided Private College on 5.10.1970. He was appointed as Lecturer in Commerce in Education Department, Haryana on 7.7.1972 and ultimately retired on 31.12.2002. The service rendered by the petitioner while working on the aided post in Private College has not been taken into consideration for the purpose of grant of pension and pensionary benefits. The petitioner filed a representation, but the claim has been declined on 9.5.2008. The petitioner has accordingly filed this writ petition. Kamlesh Kumari in Civil Writ Petition No.15263 of 2009 was appointed as Social Studies Mistress in Government Aided Civil Writ Petition No.18544 of 2006 : 3 : Private School on 21.10.1980. She later left this service to join as S.S.Mistress in Education Department, Haryana on 4.1.1989 and ultimately retired on 31.12.2004. Her service rendered on the aided post is not being taken into consideration for grant of pension and pensionary benefits and she has accordingly filed this writ petition. The issue raised in the above said three writ petitions already stands adjudicated by this court in a decision rendered in Civil Writ Petition No.16817 of 2007 (VijaySingh Vs. State of Haryana and others), decided on July 22, 2009. It is also noticed that the State has taken a similar stand in response to a notice issued in the said writ petitions. Relying upon the ratio laid down in the cases of Harnandan Singh Vs. State of Punjab and others, 2007(2) RSJ 437 and Charan Singh Vs. State of Punjab and others, 2006(6) SLR 624, decided by two different Division Benches of this court and a case titled Union of India and others Vs. Jawahar Lal Sharma, 2003(3) RSJ 672, the Court has directed the respondents to count the entire service rendered by the petitioners in a privately managed school and in the Government School for the purpose of pension and retiral benefits. Reliance has also been placed on a decision of the Hon'ble Supreme Court in the case of Chander Sain Vs. State of Haryana and others, AIR 1994 Supreme Court 972. In all these cases, the Court has held that the service rendered in the aided school was required to be counted for the purpose of pension and retiral benefits. The issues raised in the writ petitions are covered by the ratio of law laid down in the above said cases. A service rendered in a private school or an aided post, which is receiving grant in aid is also made pensionable and as such, the same is required to be Civil Writ Petition No.18544 of 2006 : 4 : taken into consideration for the purpose of pension and retiral benefits. All the three writ petitions are accordingly allowed in the above terms. There shall, however, be no order as to costs. November 06, 2009 ( RANJIT SINGH ) ramesh JUDGE