Punjab-Haryana High Court
State Of Punjab And Others vs Darshan Singh And Another on 6 November, 2012
Bench: A.K. Sikri, Rakesh Kumar Jain
LPA No. 637 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA No. 637 of 2012 (O&M)
Date of Decision : 06.11.2012
State of Punjab and others
...Appellants
Versus
Darshan Singh and another
...Respondents
CORAM: HON'BLE MR. JUSTICE A.K. SIKRI, CHIEF JUSTICE
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. J.S. Puri, Additional Advocate General, Punjab,
for the appellants.
Mr. R.K. Arora, Advocate,
for the respondents.
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A.K. SIKRI, C.J. (ORAL)
C.M. Nos. 1687 and 1688 of 2012 For the reasons mentioned in the applications, delay of 35 days in filing and 128 days in refiling the present appeal is condoned.
LPA No. 637 of 2012
Before joining the service with the appellant/State of Punjab, the respondent had served from 27.02.1975 to 05.08.1982 in the Government High School, Faridkot and thereafter from 06.08.1982 to 11.05.1997 in Shaheed Bhagat Singh Municipal College, Kotakapura. The respondent has since retired from the service of the State of Punjab. However, for computing the fixation of his pension, the respondent wanted service rendered by him in the LPA No. 637 of 2012 (O&M) -2- Government High School, Faridkot and Shaheed Bhagat Singh Municipal College, Kotakapura, to be counted. The appellants denied this benefit on the ground that such service cannot be counted as it was rendered in a private college. Challenging this action of the appellants, the respondent filed the writ petition, which was allowed by the learned Single Judge holding that the service rendered by the respondent was not in a private institute. This conclusion is arrived at on the following basis:-
"After going through the facts of the case the undisputed fact is that the petitioner is claiming the benefit of service rendered in Government High School with effect from 27.2.1975 to 5.8.1982 followed by service rendered in Shaheed Bhagat Singh Municipal College, Kot Kapura from 6.8.1982 to 11.5.1997 for the purpose of pension and selection grade. His claim is being denied on the ground that his service in the Government High School, Faridkot, was temporary for 2 hours a day. The Medical Certificate of Fitness (Annexure P26) dated 11.8.1997 goes to show that he had been issued this Certificate for employment in the Education Department. His service in the Government High School, Faridkot, was on regular basis. He had deposited the General Provident Fund amount in the treasury as per information given by the Senior Accounts Officer vide Annexure P27 dated 3.10.2006. There was no occasion for the petitioner to get a Medical Certificate for appointment on a post of 2 hours daily in a Government school. The respondents have not denied this factual aspect. Hence, petitioner's service in Government High School from 27.1.1975 to 5.8.1982 is held to be on regular basis. Subsequently, he was relieved on selection on account of his appointment in the Shaheed Bhagat Singh Municipal Degree College, Kot Kapura by the Government High School, Faridkot on 5.8.1982 (Annexure P-29). That Shaheed Bhagat Singh Municipal Degree College, Kot Kapura was under the control of Director Public Instructions is evident from the fact that the petitioner had been relieved in view of the DPI letter. The petitioner is in receipt of the GPF amount which he LPA No. 637 of 2012 (O&M) -3- had deposited in the Government High School, Faridkot, and which was ultimately released to him vide letter No. Fund-6/86-87/2292098 dated 17.11.1997 (Annexure P30). The fact that the service rendered by the petitioner in the Shaheed Bhagat Singh Municipal Degree College, Kot Kapura, was under the control of Municipal Council, Faridkot, and had become pensionable as per the GPF Rules 1994 when this College was taken over by the Government in the year 1997, the petitioner was working under an institute covered by pension scheme."
In view of the aforesaid discussion, with which we agree, we are not in a position to accept the argument of learned counsel for the appellants that the service was rendered in a private college. The judgement of the Hon'ble Supreme Court relied upon by the appellants before the Writ Court as well as before us, namely, State of Punjab and others Vs Darshan Singh and others, decided on 12.07.1996 (Annexure R-4 to the writ petition) is distinguished by the learned Single Judge giving detailed analysis of the present case.
We, thus, do not find any merit in the present appeal which is accordingly dismissed.
(A.K. SIKRI) CHIEF JUSTICE (RAKESH KUMAR JAIN) JUDGE 06.11.2012 Amodh