HANUMAN SINGH THAKUR Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission. It is contended by the petitioners that in view of the circular dated 6th August, 2012, the services rendered by the petitioners in the Local Body may be considered for grant of pension treating it to be a qualifying service. It is stated by learned Counsel for the petitioners that the issue raised has already been decided by this Court in W.P. No.4919/2003 (Ram Jatan Singh vs. State of M.P. and others) and other similar connected writ petitions decided on 27.11.2003 holding that the period spent in Janpad Sabha/Municipal Bodies has to be counted as pensionable service. This Court while considering all these facts in case of Ram Ratan Singh has held thus : "In these writ petitions, question involved is common. The petitioners have claimed that the services rendered by them with Janpad Sabha School, be counted for pensionary benefits.

(2.) Facts are being noticed from W.P. No.4919/2003 Ram Jatan Singh vs. State of M.P. and others. It is averred in the petition that petitioner was initially appointed as Primary School Teacher in Primary School Karanjia in District Durg vide order dated 15.09.1958. The said school was being run by the Janpad Sabha Bhilai. The petitioner continued to serve as Primary School Teacher under the Janpad Sabha till 30.09.1963, on which date State Government has taken over all the Primary and Middle Schools run by the Local Bodies including the Janpad Sabhas throughout State with effect from 01.10.1963. Consequently, all the employees including the petitioner became the Government servants from that day. Petitioner Ram Jatan Singh rendered the services till 30.6.1995. Petitioner was promoted as Head Master in the year 1972. The services rendered by the petitioner for the period 15.9.58 to 30.9.1963 with the Janpad Sabha have not been included while computing period for the pension. Only the period from 1.10.1963 to 30.6.1995 has been taken into consideration. Accordingly, pension has been worked out. Petitioner claims entitlement for the pension by counting 33 years of service. No reason has been assigned for not counting the period which petitioner spent in Janpad Sabha School. Reliance has been placed on a decision of this Court in C.A. Bhakhare vs. State of M.P. and others, 1987 MPLJ 509 and it is submitted that similar treatment has not been meted out to the petitioner. It is further submitted that it was the duty of the local bodies to deduct Provident Fund from the salary of employees and if they have failed to discharge their duty employee cannot be made to suffer. In certain cases State Administrative Tribunal has also directed to compute the period spent in Janpad Sabha as the local bodies as pensionable period in case of similarly situated employees.

(3.) A return has been filed by the respondents. It is submitted in the return that Government of Madhya Pradesh in School Education Department has issued a circular dated 21.1.1972 and had directed that teachers who were on pension scheme in Janpad Sabha or Local bodies before absorption on 1.10.1963 will be entitled to count their service period in Janpad Sabha or Local Bodies towards pension. It was further directed that in case of teachers who were members of contributory provident fund if the amount of CPF deducted from the applicant as also the contribution of the Janpad Sabha along with interest has been deposited in the government account, on such deposit their service in Janpad Sabha will be counted towards pension. Circular (R -1) has been relied upon.