Punjab-Haryana High Court
Amarjit Kaur vs State Of Punjab Through Secretary, ... on 25 July, 1994
Equivalent citations: (1994)108PLR670
ORDER
G.S. Singhvi and N.K. Sodhi, JJ.
1. This order will dispose of four writ petitions 4944, 5237, 8710 and 8711 of 1994 as counsel for the parties are agreed that common questions of law and fact arise in them.
2. Amarjit Kaur, petitioner in C.W.P. 8710 of 1994 joined as a Social Studies Mistress in the Khalsa High School, Sheikhupura (Gurdaspur) for short the 'School) in August, 1968 which was a privately managed institution and was recognised by the respondents. It was receiving 95% grant-in-aid from the State Government. The school was taken over by the State Government, with effect, from September 24, 1979 alongwith the staff and some other employees including Smt. Amarjit Kaur, petitioner. It is stated that the pay drawn by her immediately before the take over, was protected and she continued to draw the same pay thereafter with usual increments. She retired from service as a Government employee on May 31, 1990 on attaining the age of superannuation. The respondents while calculating her pensionary benefits did not count her service which she rendered for the period when the school was privately managed. She then filed the present petition with a prayer that a direction be issued to the respondents to give her the benefit of service which she rendered before September 24,1979 i.e. before the school was taken over by the State Government.
3. In other petitions as well, the petitioners were working in institutions which were privately managed and were later taken over by the State Government. Their service before the take over is also not being counted for computing their pensionary benefits. The prayer made on their behalf is also for a direction to the respondents to count their service which they had rendered when their institutions were privately managed.
4. Having heard the counsel for the parties and after perusing the record we are of the opinion that the matter herein is squarely covered in favour of the petitioners by a Division Bench judgment of this Court in LPA 1346 of 1991 (Dev Dutt Kaushal v. State of Punjab), decided on October 21,1993, wherein it was held that the service rendered by the appellant therein prior to the taking over of the College by the State Government will have to be counted for the purpose of pension and other retiral benefits. This view has been followed by some other Division Benches of this Court as well.
5. For the reasons mentioned in Dev Dutt Kaushal's case (supra), these writ petitions are allowed and the respondents herein are directed to take into account the service rendered by the petitioners prior to the taking over of their institutions by the State Government and determine accordingly their pension and other retiral benefits to which they may be found entitled under the rules within a period of three months from the date of receipt of a copy of this order.