SHEEL SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner-Smt. Sheel Sharma has filed the present writ petition for issuance of a writ in the nature of certiorari for quashing of impugned order dated 07/10.02.2014 (Annexure P-5), whereby, the previous service rendered by her in Govt. aided school has not been counted for grant of pensionary benefits.

(2.) The petitioner was initially appointed as Science Teacher on 04.12.1974 in Govt. Aided School i.e., Bharti Kanya Senior Secondary School, Kath Mandi, Rohtak and she continued to work there upto 11.01.1988. Thereafter, she was selected on the post of Head-Mistress in HES-III. Ultimately, the petitioner retired from service on 30.11.2008 as Block Development Officer and was granted pension by counting the length of service rendered by her only in Govt. Schools but her service rendered in Govt. Aided School was not counted. She filed CWP No.22995 of 2012, which was disposed of on 22.11.2012 with a direction that the petitioner shall file representation, which shall be considered and decided within a period of three months. Inspite of directions, the representation of the petitioner was not decided and she had to file COCP No.2189 of 2013. The claim of the petitioner was rejected vide order dated 10.02.2014, which is subject matter of challenge in the present writ petition.

(3.) Learned counsel for the petitioner submits that the impugned order has been passed without any application of mind and without affording any opportunity of hearing to the petitioner. The instructions dated 22.08.1988 has been relied upon whereas said instruction deals with the employees of State Government and State Autonomous Bodies seeking absorption in Central Autonomous Bodies and Central Government and it has nothing to do with the case of the petitioner. Learned counsel for the petitioner further submits that the case of the petitioner is squarely covered by various judgments of this Court as well as instructions dated 10.06.2011 wherein it has specifically been mentioned that the Policy framed by the Government is applicable to those employees who worked in Haryana Aided Schools (Special Pension and Contributory Provident Fund) Rules, 1999 and as such, are entitled to the benefits of pension subject to certain conditions. Learned counsel for the petitioner has relied upon judgments of this Court in M.R. Juneja vs. State of Punjab and others, 2004 4 SLR 796 , Om Parkash and others vs. State of Haryana and others, CWP No.6773 of 2010 decided on 19.04.2010 as well as Raj Kali vs. State of Haryana and others, CWP No.3932 of 2011, decided on 06.09.2012.