Punjab-Haryana High Court
Vishnu Dutta Sharma Son Of Shri Lachi Ram vs The State Of Haryana on 22 September, 2011
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.15229 of 1989 (O&M)
Date of decision: 22.09.2011
Vishnu Dutta Sharma son of Shri Lachi Ram, Village Sukhrali,
Sector 17, Gurgaon, working as Project Officer Adult Education,
Faridabad.
....Petitioner
versus
The State of Haryana, through the Commissioner and Secretary
Education Department, Government of Haryana, Chandigarh, and
others.
....Respondents
II. Civil Writ Petition No.15413 of 1989 (O&M)
Girwar Lal Paul c/o Haryana taken over schools staff Association,
164/15, Jacumpura, Gurgaon, and others.
....Petitioners
versus
State of Haryana, through Secretary, Department of Education,
Haryana, Chandigarh, and another.
....Respondents
III. Civil Writ Petition No.5919 of 1990 (O&M)
Vishnu Dutta Sharma, Head Master, Village and Post Office Dahina,
Rewari, and others.
....Petitioners
versus
State of Haryana, through Secretary and Commissioner, Department
of Education Government of Haryana, Civil Secretariat, Chandigarh,
and another.
....Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
----
Present: Mr. Vijay Pal, Advocate, for Mr. Deepak Agnihotri,
Advocate, for the petitioners.
Mr. Satbir Singh Goripuria, DAG, Haryana.
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Civil Writ Petition No.15229 of 1989 (O&M) -2-
K.Kannan, J. (Oral)
1. The point raised in this batch of writ petitions is covered by a decision of Division Bench in LPA No.1317 of 2009, titled as 'State of Haryana and others Versus Savitri Devi and others', decided on 26.05.2011. The issue relating to the counting of service rendered by the petitioners in private aided schools while claiming pensionary benefits when the schools were later taken over by the Government and when the petitioners' service came to be admittedly treated as government service. The Division Bench has clarified that in such an eventuality, the period of service rendered, when the school was a private aided school, would count for number of years of pensionable service.
2. In terms of the judgment in the above said LPA No.1317 of 2009, the petitioners would restrict their claim to terminal benefit only to the claim for pension as referred to above. All the writ petitions are allowed in so far as they relate to the claim for pension by having the service period of privately aided schools to be counted along with the period in government service obtained later. The petitioners would also have the benefit of 6% interest on the arrears in the manner granted by the Division Bench in the aforesaid LPA.
(K. KANNAN) JUDGE 22.09.2011 sanjeev