IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.655 of 2010 Date of decision : 17.8.2010 Tarlok Chand Gupta and others … Appellants Versus State of Punjab and another …Respondents Coram: Hon’ble Mr.Justice M.M.Kumar Hon’ble Ms.Justice Ritu Bahri Present: Mr.Rajeshwar Singh, Advocate for the appellants. Mr.Suvir Sehgal, Additional Advocate General Punjab 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.Kumar, J. The instant appeal filed by the petitioners-appellants under Clause 10 of the Letters Patent, is directed against order dated 24.4.2009 passed by learned Single Judge While disposing of the writ petition, the reasons passed for non- suiting the petitioners-appellants, as disclosed in the impugned judgment are: (a) that the petitioners-appellants have not impleaded H.M.Senior Secondary School, Ferozepur City as a party-respondent; (b) the petitioners-appellant had a remedy before the Education Tribunal, established under the Punjab Affiliated Schools (Security of Service) Amendment Act, 2007. Learned counsel for the appellants has made a reference to Section 4 of the Punjab Privately Managed Recognized Schools Employees (Security of service) Act, 1979 (in brevity the ‘Act’) and argued that the issue with regard to clubbing of service for the purpose of pensionary benefits is LPA No.655 of 2010 (O&M) not covered by any provision of 1979 Act. According to the leaned counsel for the petitioners-appellants, Section 4 of the Act deals with the orders concerning dismissal, removal or reduction either of rank or within time scale. He has then made a reference to the amendment made in the year 2007 which also does not deal with any issue of clubbing the pension and granting jurisdiction to the Tribunal to decide any such issue. Learned State counsel has not been able to controvert the aforesaid contention raised by learned counsel for the petitioners-appellants. In view of the above, the impugned judgment dated 24.4.2009 is set aside insofar as it relegates the petitioners-appellants to the remedy before the Education Tribunal, established under the Punjab Affiliated Schools. The matter is remitted back to the learned Single Judge. Learned counsel for the petitioners-appellants undertakes to move an appropriate application for impleading H.M.Senior Secondary School, Ferozepur City through its Principal as a party-respondent. The appeal is disposed of in the above terms. (M.M.Kumar ) Judge (Ritu Bahri) Judge 17.08.2010 sd 2