Punjab-Haryana High Court
Gurdev Lal Surila And Others vs State Of Punjab And Others on 5 April, 2013
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 7359 of 2013
Date of Decision : 5.4.2013
Gurdev Lal Surila and others ..... Petitioners
Versus
State of Punjab and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. R.K. Arora, Advocate, for the petitioners.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioners have approached this Court with a prayer that the respondents be directed to count the service rendered by them in the Government Aided Schools on the Government aided posts prior to their joining the regular Government service towards the grant of pensionary benefits, treating it to be qualifying service, which has not been done by the respondents on their retirement. Claim of the petitioners is asserted to be covered in their favour by the ratio of the judgment passed by this Court in CWP No. 14238 of 1991 titled as Sukhdev Singh and others Versus State of Punjab and others, decided on 10.3.2010 (Annexure-P-7).
Counsel contends that the judgment passed by this Court in similar matters have already been implemented by the respondents, vide instructions dated 5.8.2011. Asserting the said right and claim, petitioners have served a legal notice dated 25.10.2012 (Annexure-10) upon respondents No. 2 and 3, which has till date not been responded to. CWP No. 7359 of 2013 -2-
Counsel contends that the petitioners, at this stage, would be satisfied if directions be issued to respondents No. 2 and 3 to consider and decided the legal notice of the petitioners dated 25.10.2012 (Annexure-P-10) within some specified time.
In view of the statement made by the counsel for the petitioners, the present writ petition is disposed of with directions to the Director Public Instructions (Secondary Education), Punjab and Director Public Instructions (Elementary Education), Punjab-respondents No. 2 and 3 respectively, to consider and decide the legal notice of the petitioners dated 25.10.2012 (Annexure-P-10) within a period of four months from the date of receipt of certified copy of this order. The decision, so taken, be conveyed to the petitioners forthwith.
In case the petitioners are held entitled to the claim as has been projected by them in their aforesaid legal notice, the consequential benefits, if any, be released to them within a further period of two months. Arrears shall, however, be restricted to thirty eight months prior to the date of service of legal notice upon respondents. In case the claim of the petitioners is not to be accepted, then well reasoned and speaking order be passed be respondents No. 2 and 3 and the same be conveyed to the petitioners forthwith.
(AUGUSTINE GEORGE MASIH) JUDGE 5.4.2013 sjks