IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 7518 of 2010 Date of Decision: 28.4.2010. Prem Chand Gupta --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. K.L. Dhingra, 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 initially appointed as J.B.T Teacher in B.D. High School, Ambala Cantt. against a sanctioned post. Thereafter, he was selected and appointed in the Govt. service. Petitioner has filed this petition seeking counting of his past service rendered in the aforesaid private aided school for the purpose of his pensionary/retiral benefits. The issue involved in the present petition is squarely covered by a judgement of this Court passed in CWP No. 16817 of 2007 on 22.7.2009, wherein following directions have been issued:- “ 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 CWP. No. 7518 of 2010 -2- 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 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.” Accordingly, this petition is allowed in terms of the aforesaid judgement. Petitioner shall be entitled to the similar relief. (PERMOD KOHLI) JUDGE 28.4.2010. lucky