IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 10371 of 2010 Date of Decision: 28.5.2010. Anil Kumar --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Anurag Goyal, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. R.S. Kundu, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. The petitioner was appointed as a Science Master in Arya Senior Secondary School, a Govt. aided school against a sanctioned post. He served there from 10.12.1991 to 30.8.1994. Thereafter, petitioner joined the Govt. Service in Education Department, Haryana in the year 1994. Petitioner has filed this petition to count the service rendered by him in the Govt. aided school for the purpose of pension and retiral benefits. The issue involved in the present petition is squarely covered by a judgement of this Court rendered in CWP No. 16817 of 2007 on 22.7.2009, wherein following observations have been made:- “ It is, thus, to be seen whether this service now can be excluded for the purpose of grant of pension. If the petitioner had continued to serve on an aided post in a private school, he would have been entitled to count his service rendered therein for the purpose of pension and other retiral benefits. Would that service be lost to him for the purpose of pension because he has subsequently gone on to join a Government job, which is again a pensionable one? If the result is allowed to operate in this manner, it CWP. No.10371 of 2010 -2- will be unfair, inequitable and harsh. The ratio of law as laid down in the case of Harnandan , Singh, Charan Singh and Chander Sain (supra) in this background would apply to the facts of the present case. Similar view has clearly been taken by the Division Bench of Rajasthan High Court in the case of Jawahar Lal Sharma Supra. In fact, the Division Bench of this Court in Charan Singh's case (supra) has observed that service rendered by a teacher in private school receiving aid is made pensionable and as such this service can not be ignored for grant of pension. The same is the situation here. Accordingly, I am of the view that the petitioner has made out a case for counting his service rendered on aided post in a private school for the purpose of pension and retiral benefits. The writ petition is, therefore, allowed and the respondents are directed to count the entire service rendered by the petitioner in a privately managed school and in the Government School for the purpose of pension and retiral benefits. The needful be done within a period of three months from the date of receipt of copy of this Order. All amounts due to the petitioner be released within this period, failing which the petitioner will be entitled to interest @ 6% per annum from the date it is due to the date of payment.” Accordingly, this petition is allowed in terms of the aforesaid judgement. Petitioner shall be entitled to the similar relief. (PERMOD KOHLI) JUDGE 28.5.2010. lucky