DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who was recruited as a Punjabi Teacher in the H.S. Khalsa Higher Secondary School, Dasuya, on October 3, 1960, and had retired on August 31, 1991, is aggrieved by the action of the respondents in declining his claim for pension.

(2.) Mr. D.S. Dhillon, learned Assistant Advocate General, Punjab, appearing for the respondents conceded that in the year 1907 the school was granted aid by the State and it was finally taken over on November 28, 1977. He further admits that vide order dated march 20, 1985, the services of the petitioner were regularised by the Govt. with effect from June 30, 1981. In view of this position, the short question that arises for consideration is - Are the respondents bound to take into consideration the period of service from October 3, 1960 to June 29, 1981, for the purpose of determining the petitioner's pension?

(3.) Mr. Dhillon very fairly points out that a Division Bench of this Court has upheld a similar claim in Prof. Dev Dutt Kaushal v. State of Punjab and others, 1993 7 SLR 356. Following the dictum of their Lordships of the Supreme Court in State of Orissa v. N.N.Swamy, 1977 AIR(SC) 1237 their Lordships were pleased to hold as under: