CWP No.3381 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 25.2.2010 Baljit Singh ...Petitioner VERSUS State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.SK Monga, Advocate for the petitioner Mr.RS Kundu, Addl.A.G., Haryana Permod Kohli, J. (Oral) Notice of motion. Mr.Kundu, Addl.A.G., Haryana who is present in Court has been asked to accept notice on behalf of the respondents. Keeping in view the prayer made and with the consent of the counsel, this petition is disposed of at motion stage. CWP No.3381 of 2010 2 The petitioner was appointed as Lecturer in Government Aided Private College, namely, DAV College, Hasangarh, Rohtak on 1.11.1972. His services were confirmed on 23.10.1973 by DAV College, Hasangarh. While in service of said DAV College, the petitioner applied for the post of Lecturer in Geography in Haryana War Heroes Memorial College, Gohana. The said College was also Government aided college. The petitioner was selected for the said post and after resigning from the post of Lecturer Geography in DAV College, the petitioner joined the services of Haryana War Heroes Memorial College, Gohana on 12.8.1980. The aforesaid Haryana War Heroes Memorial College was taken over by the Government of Haryana from 12.2.1981. Consequently, the services of the staff working with the said college at that time were also taken over by the Government of Haryana. The petitioner also became the employee of the Government College, Gohana. He retired from service on attaining the age of superannuation on 31.3.2008. The petitioner was granted pension and other retiral benefits on the basis of services rendered by him in Government College only and the services rendered by him prior to joining the Government College were not taken into consideration for the purpose of pension and other retiral benefits. On 31.5.1999, the Haryana Government notified the Haryana Affiliated College (Pension and Contributory Fund) Rules, 1999. Under the said Rules, all the employees of the Government aided private college who retired after 11.5.1998 are entitled to the pension. CWP No.3381 of 2010 3 The Haryana Government has also issued notification dated 17.7.2007 wherein a decision was taken that services rendered in Government aided Private College prior to taking over of the College will be taken into consideration for the purpose of pension. The petitioner has filed this petition seeking direction to the respondents to consider the services of the petitioner from 2.11.1972 to 12.8.1980 and 12.8.1980 to 11.2.1981 rendered in Government Aided Private Colleges, namely, DAV College Hasangrarh and Haryana War Heroes Memorial College, Gohana respectively as a qualifying service for the purpose of retiral benefits such as pension, gratuity, leave encashment etc. I have heard learned counsel for the parties.It is acceded to by the learned counsel for the parties that the controversy involved in this petition is squarely covered by a judgment of this Court dated 6th of November, 2009 passed in CWP No.18544 of 2006 and other connected matters wherein following observations have been made:- “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, CWP No.3381 of 2010 4 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 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.” In view of the above, this petition is disposed of in terms of the aforesaid judgment. The petitioner shall be entitled to the relief as granted here-in-above. (PERMOD KOHLI) JUDGE 25.2.2010 MFK