BIKRAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition, petitioners are seeking a writ in the nature of mandamus, directing the respondents to grant pensionary benefits after counting their service rendered in the District Board Schools before the Schools were taken over by the respondents in view of law laid down in Kesar Chand v. State of Punjab and others, 1988 AIR(P&H) 265

(2.) It has been averred that petitioners joined as Masters/Teachers/Headmasters in District Board Primary/High Schools in the State of Punjab, which were run by the local bodies (District Board), Municipal Committee. Later on, such schools were taken over by the respondents with effect from 1.10.1957. The service particulars of the petitioners i.e date of joining, place of posting and date of retirement are given in Annexure P-1 to the petition. It has further been averred that on attainment of age of superannuation the petitioners were given pensionary benefits with effect from 1.10.1957. i.e. the date of taking over of the Schools by the Education Department to the dates of their retirement. Petitioners were not given the benefit of past service rendered by them in District Board Schools with effect from the date of joining to 30.9.1957. Petitioners thus have prayed that their past service be counted while determining their pension. Opposed to this, respondents in their written statement have submitted that Kesar Chand's case has no application to the case of the petitioners as no instructions were ever issued by the State Government under which the petitioners can get this benefit.

(3.) Having heard the learned counsel for the parties, I am of the view that the matter is squarely covered by Full Bench decision of this Court in Kesar Chand's case . After this decision of Full Bench, many judgments on the subject have been rendered by this Court. To quote a few, Civil Writ Petition No. 13348 of 1991 filed by one K.L. Pandhi for counting the entire service rendered by him in District Board Schools was allowed by this Court on 12.11.1991. Special Leave Petition filed by State of Punjab against that order came to be dismissed. Likewise, Civil Writ Petition No. 5269 of 1982 filed by one Randhir Singh for counting his service rendered in District Board Schools towards pensionary benefits was allowed by this Court on 5.12.1991. Letters Patent Appeal No. 860 of 1992 filed by State of Punjab in this Court was dismissed. Whereafter Special Leave Petition No. 17181 of 1992 too came to be dismissed vide order dated 5.3.1993 of the Apex Court. Thereafter in another writ petition namely C.W.P. No. 9814 of 1993 filed by one Naurata Ram Singla, the Division Bench on 3.5.1994 gave a direction to the respondents therein to refix the pension of the petitioners therein, taking into consideration his entire period of service with the District Board. No judgment taking a contrary view has been pointed out.