CHANDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The appellant joined service as Director of Physical Education in Dronocharya Sanatan Dharam College, Gurgaon, a Government aided college (hereinafter referred to as the 'college'). The college was taken over by the State of Haryana with effect from January 14, 1980. After the take over of the college, the appellant was absorbed in the service of Government of Haryana. He retired on attaining the age of 58 years on February 1, 1990. On retirement, he has been paid a sum of Rs. l7,500/- by way of death-cum-retirement gratuity for the period from January 14, l980 to January 31, 1990 and he is being paid pension at the rate of Rs. 517/- per month calculated on the basis of the service for the period from January 14, 1980 to January 31, 1990. The appellant filed a writ petition under Article 226 of the Constitution in the High Court of Punjab and Haryana wherein he claimed that he was entitled to continue in service up to the age of 60 years and further that he should have been allowed gratuity and pension on the basis of the entire period of service from August, 1959. The said writ petition of the appellant was, however, dismissed by the High Court by order dated May 30, 1990. The appellant has filed this appeal against the said order of the High Court.

(3.) The terms and conditions on which the college was taken over by the Government of Haryana are contained in Letter No. 23. 13-79-Edu.I(2) dated December 14, 1979 from the Secretary to Government, Haryana, Education Department. to the Director of Public Instructions, Haryana, Chandigarh.