RAJ KALI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court with a prayer for issuance of a writ of mandamus directing the respondents to calculate and count the service rendered by the petitioner as a Physical Training Instructor in Bharat Tek Ram G/H School, Rohtak, which is Haryana Government Aided School, from 21.10.1980 to 03.10.1992. Thereafter, the petitioner was selected in the Government service and he joined as a Physical Training Instructor.

(2.) Petitioner retired from Government service on 31.12.2010. While granting the pensionary benefits, the service rendered by the petitioner in the private aided school has not been counted and, therefore, the petitioner, in the light of the Policy of the Government of Haryana as framed by it and notified on 14.03.2008, approached the respondents for grant of the pensionary benefits by taking into consideration his earlier service. Respondents did not grant him the said relief.

(3.) It is contended that the claim of the petitioner is covered by the judgment passed by this Court in CWP No. 19638 of 2008 titled as Raj Kumar vs. State of Haryana and others, decided on 14.01.2010 (Annexure P-7). This Court has also disposed of a writ petition i.e. CWP No. 6773 of 2010 titled as Om Parkash and others vs. State of Haryana and others, decided on 19.04.2010 relying upon an earlier judgment of this Court in CWP No. 16817 of 2007 decided on 22.07.2009. Counsel for the petitioner, on the basis of the above submissions, contends that the claim of the petitioner deserves to be allowed.