Punjab-Haryana High Court
Ashok Kumar Kapila And Others vs State Of Punjab And Others on 3 August, 2011
Author: Ritu Bahri
Bench: Ritu Bahri
Civil Writ Petition No. 12818 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 12818 of 2011
Date of decision:-03.8.2011
Ashok Kumar Kapila and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:- Mr. Mohit Jaggi, Advocate
for the petitioners.
Ms. Anu Pal, AAG Punjab.
RITU BAHRI J.(Oral)
This writ petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to consider the service rendered by the petitioners in privately managed recognized aided schools before joining the Government service for grant of benefit of pensionary benefits, proficiency step up increments etc. The petitioners were working in a privately managed Government aided school. Thereafter on 22.8.1968 till 11.2.1972 petitioner No.1 joined Chakwal National Senior Secondary School, Kurali. Thereafter he joined Government Middle School, Gunghrana, Tehsil and District Ludhiana as a Science Teacher. He retired on 31.7.2001. Petitioner No.2 had joined Khasla High School, Mehma Singh Wala, District Ludhiana as a Master and worked till 15.5.1980 and thereafter joined Government High School, Sherpur Kalan, Ludhiana on 31.7.2006. Petitioner No.3 had joined as Science Master in Arya Civil Writ Petition No. 12818 of 2011 -2- Senior Secondary School, Ludhiana from 26.8.1988 to 07.4.1994 before he joined the Government School. Petitioner No.3 at present working as Lecturer (Biology) in Jawahar Lal Nehru Government Girls Senior Secondary School, Jawahar Nagar, Ludhiana. Petitioner No.4 to 6 are working in G.H.G. Khasla High School, Karir Sahib Litter, District Ludhiana which was taken over by the Government on 14.1.1979 and was re-named as Government Senior Secondary School, Karir Sahib Litter, District Ludhiana. Petitioner No.4 was retired on 30.09.2004, petitioner No.5 was retired on 28.2.1998 and petitioner No.6 has been retired on 31.10.2004. The claim of the petitioners is that the period spent in the privately managed grant aided schools should be counted for pension and gratuity in lieu of the Contributory Provident Fund Scheme as provided by the Government of Punjab vide circular dated 25.5.1989.
This issue came up for hearing for consideration before this Court in Writ Petition No.14238 of 1991 decided on 10.3.2010 in 'Sukhdev Singh and others versus State of Punjab and others' (Annexure P-2). This Court had considered the policy circular of State of Punjab notified in the year 1992, namely, the Punjab Privately Managed Recognized Aided Schools Recruitment Benefits Scheme, 1992. As per the Scheme, the benefit of provident fund was to be retrospectively from 1987 as per the cut off date given in Circular dated 25.5.1989. The Full Bench of this Court in Kesar Chand versus State of Punjab and others (AIR 1988, Punjab & Haryana 265) examined Rules 3.17A, 3.16 and 3.30 and a direction has been given to count the service rendered by the petitioners in Government aided privately managed schools towards their qualifying service for pension subject to conditions.
Counsel for the State does not dispute that as per the condition made out in the decision dated 10.3.2010 the petitioners' case can be considered for granting benefit of service rendered in the Government aided private schools. Civil Writ Petition No. 12818 of 2011 -3-
The writ petition is disposed of and direction is given to the respondents to consider the case of the petitioners in view of the judgments rendered and pass a speaking order within a period of two months from the date of receipt of certified copy of this order.
August 03, 2011 ( RITU BAHRI ) Vijay Asija JUDGE