STATE OF HARYANA AND ORS Vs. VIJAY SINGH

JUDGEMENT

(1.) This appeal has been preferred against judgment of learned Single Judge, directing counting of service rendered by the respondent/writ petitioner in an aided school, prior to his joining Government School, for retiral benefits.

(2.) The respondent served from 1972 to 1989 in an aided school and was, thereafter, selected in a Government school and he retired from service on 31.3.2006. His service with the aided school prior to joining Government service was not counted, against which he filed writ petition, which was opposed by the State, relying on Rules 3.12 and 3.16 of the Civil Services Rules, Vol.-II.

(3.) Learned Single Judge relying upon Division Bench judgment of Rajasthan High Court in Union of India and Ors. v. Jawahar Lal Sharma,2003 3 RSJ 672 and Division Bench judgments of this Court in Harnandan Singh v. State of Punjab and Ors., 2007 2 RSJ 437 and Charan Singh v. State of Punjab and Ors., 2006 6 SLR 624 and also after referring to judgment of the Honble Supreme Court in Chander Sain v. State of Haryana and Ors., 1994 AIR(SC) 972, allowed the claim of the petitioner.