R K CHAUHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in the present petition is to the order dated 29.7.2003 passed by the Commissioner, Directorate of Higher Education, State of Haryana, whereby the claim of the petitioner for revision of his retrial benefits by taking into account his service for the period w.e.f. 1.7.1966 to 25.8.1985 as Lecturer, Chemistry in D.A.V. College, Abohar (Pb.), has been declined.

(2.) BRIEFLY stated, the petitioner was initially appointed on the post of Lecturer in Chemistry in the pay scale of Rs.300-600 and he joined service at D.A.V. College, Abhohar, Punjab on 1.7.1966. Thereafter, in pursuance to a selection process the petitioner was selected and appointed as Principal in D.A.V. College, Naneola (Haryana) on 26.8.1985. He served as Principal in D.A.V. College, Naneola from 26.8.1985 to 30.9.1985 and subsequently as Principal, D.A.V. College, Poondri from 1.10.1985 to 10.2.1994 and finally as Principal, D.A.V. College, Ambala City from 11.2.1994 to 31.3.2002, whereupon he retired having attained the age of superannuation. The petitioner is stated to have submitted a number of representations claiming his retiral benefits for the entire period of service i.e. from 1.7.1966 to 31.3.2002. A sum of Rs.4921/- per month towards pension has been admitted by the State of Haryana and the grievance of the petitioner is that while admitting such claim for pension the period of service rendered by the petitioner on the post of Lecturer in Chemistry from 1.7.1966 to 25.8.1985 at D.A.V College, Abohar in the State of Punjab has not been taken into reckoning. In response to the numerous representations filed by the petitioner to agitate his claim the impugned order dated 29.7.2003 has been passed by respondent no.1, wherein he has been intimated that there is no provision in the pension notification for grant of benefit of service rendered under other State colleges. As such the petitioner is seeking the issuance of a writ of Certiorari for quashing of the impugned order dated 29.7.2003 and is further seeking directions to the respondents-authorities to revise his retiral benefits and pension by taking into account the period i.e. 1.7.1966 to 25.8.1985, i.e. the period when he had served on the post of Lecturer, Chemistry in D.A.V. College, Abohar.

(3.) LEARNED counsel for the petitioner is staking his claim by relying upon Rule 6 of the Haryana Affiliated Colleges (Pension and Contributory) Provident Fund Rules, 1999 (hereinafter referred to as the Pension Rules, 1999). The precise contention raised by learned counsel for the petitioner is that under the Pension Rules, 1999 the service rendered in one or more private affiliated colleges receiving grant-in-aid under the same management has to be counted for purposes of grant of retiral benefits. As such, it is contended that there is no basis for denying the petitioner the retiral benefits pertaining to the service rendered by the petitioner for the period w.e.f. 1.7.1966 to 25.8.1985 while serving on the post of Lecturer in an institution, although situated in the State of Punjab but being under the same management i.e. the D.A.V. College Trust and Management Society, New Delhi. The legality and correctness of the impugned order dated 29.7.2003 passed by respondent no.1 and the claim of the petitioner as raised in the present petition would have to be adjudicated upon in the light of the Pension Rules, 1999. Rule 3, clauses 1 and 2 clearly lay down that such rule shall apply only to the employees, who are appointed to aided sanctioned posts after 11.5.1998 and to such employees who were working on aided sanctioned posts immediately before 11.5.1998 and continued to work as such. Rule 3 sub clause 2 (ii) further stipulates that the Pension Rules, 1999 shall not apply to the employees appointed against a post not sanctioned by the Govt. of Haryana. The expression aided sanctioned posts is defined under Rule 2, sub clause (a) of the Pension Rules, 1999 and it means a post for which grant-in-aid is allowed by the Director, Higher Education, State of Haryana. Rule 6 of the Pension Rules, 1999 reads in the following terms:-