Punjab-Haryana High Court
State Of Haryana And Others vs Parmal Singh Pundir on 21 January, 2014
Bench: Jasbir Singh, Harinder Singh Sidhu
CM No. 940 of 2013 in/and
LPA No. 353 of 2013 (O & M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CM No. 940 of 2013 in/and
LPA No. 353 of 2013 (O & M)
Date of decision : 27.1.2014
State of Haryana and others ........Applicants-Appellants
Vs.
Parmal Singh Pundir ....Respondent
CORAM: Hon'ble Mr. Justice Jasbir Singh
Hon'ble Mr. Justice Harinder Singh Sidhu
Present:- Mr. S.S. Pattar, Sr. DAG, Haryana
for the applicants-appellants
Mr. J.S. Mannipur, Advocate, for the respondent
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Jasbir Singh, J. (Oral)
CM No. 940 of 2013 :
After hearing counsel for the parties, application is allowed.
Delay of 261 days in filing this appeal stands condoned.
LPA No. 353 of 2013 :-
State of Haryana has filed this appeal against judgment dated 29.3.2012, vide which the learned Single Judge allowed CWP No. 13646 of 2011, filed by the respondent.
Heard counsel for the parties.
As per facts on record, the respondent joined as a Science Master in Saraswati Vidya Mandir, Jagadhri on 27.8.1973. His post was against a sanctioned post on regular basis. He served there upto 5.8.1980. He was appointed as Headmaster through direct recruitment with respondent No.4 on 6.8.1980. He superannuated on 31.1.2009. He was Kumar Ashwani 2014.02.19 16:56 I attest to the accuracy and integrity of this document CM No. 940 of 2013 in/and LPA No. 353 of 2013 (O & M) -2- paid gratuity. However, when granting pensionary benefits, the period spent on duty in Saraswati Vidya Mandir between 27.8.1973 to 5.8.1980 was not included. Above action was challenged by the respondent in above said writ petition. His prayer was accepted and it was directed that his service, rendered in Saraswati Vidya Mandir, be added for the purpose of calculation of pensionary benefits and revision of pay scale etc. The State counsel, by making reference to the provisions of Rule 6 of the Haryana Aided Schools (Special Pension and Contributory Funds) Rules, 2001 (in short '2001 Pension Rules'), has stated that in view of above Rules, the period of service, as spent with the previous school, could not have been added. We are not inclined to accept the argument raised.
As per facts on record, respondent No.1 joined against a post through regular process with respondent No.5 on 27.8.1973. When he was selected for the post of Head Master with respondent No.4, he joined there on 6.8.1980. Technically, to join that post, he resigned on 5.8.1980. In a way, there is no interruption in service, which remains continued without any gap in between. Not only as above, he took up the matter with the authorities concerned and vide letter Annexure P-2, written by the Commissioner and Director General, School Education, Haryana to respondents No.4 and 5, it was specifically stated that service rendered by respondent No.1, be treated as continuous. Contents of the letter reads thus :-
"From The Commissioner & Director General Kumar Ashwani School Education, Haryana, Chandigarh.2014.02.19 16:56 I attest to the accuracy and integrity of this document
CM No. 940 of 2013 in/and LPA No. 353 of 2013 (O & M) -3- To The District Education Officer, Faridabad.
Memo No. 4/10-08 Pen II (2) Dated Chandigarh, the Sub : Approval for the continuity of service of shri Parmal Singh Pundir, Headmaster, Aggarwal Sr. Sec. School, Ballabgarh (Faridabad).
Kindly refer to your office Memo No. 2220 dated 15.4.2008 on the subject cited above.
Approval for the continuity of service of Shri Parmal Singh Pundir, Headmaster, Aggarwal Sr. Sec. School, Ballabgarh (Faridabad) from the date of his appointment as Master in Saraswati Vidya Mandir, Jagadhri (Yamuna Nagar) i.e. 27.8.1973 under Rule 5 (4) of Haryana Aided Schools (Special Pension and Contributory Provident Fund) Rules, 2001 and pensionary benefits are to be calculated on the basis of qualifying service under Rule 5 (4) of Haryana Aided Schools (Special Pension and Contributory Provident Fund) Rules, 2001 subject to fulfillment of other terms and conditions and relevant rules for the purpose of pensionary benefits.
Sd/-
Accounts Officer (AS) For Commissioner & Director General School Education Haryana, Chandigarh."
Once it is so, that respondent No.1 resigned on 5.8.1980 to join on 6.8.1980, it cannot be treated as disruption in service. Merely because the letter of the Commissioner, as referred to above, was withdrawn on a later date i.e. 4.1.2012 when writ petition filed by respondent No.1 was pending, is not a ground to decline relief to respondent No.1.
Not only as above, at the time of arguments also, it was brought to our notice that the order passed by learned Single Judge stood implemented.
Kumar Ashwani 2014.02.19 16:56 I attest to the accuracy and integrity of this document CM No. 940 of 2013 in/and LPA No. 353 of 2013 (O & M) -4- No case is made out for interference in the order under challenge.
Dismissed.
(Jasbir Singh) Judge (Harinder Singh Sidhu) Judge 27.1.2014 Ashwani Kumar Ashwani 2014.02.19 16:56 I attest to the accuracy and integrity of this document