MASTER NAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition petitioner is seeking a writ in the nature of Mandamus, directing the respondents to pay Provident Fund and also pension with effect from 1.10.1957 when the Government took over the Primary Schools and the petitioner became a government servant.

(2.) Petitioner joined Provincialised Local Body School, Kuthua Nangal, Amritsar on 5.8.1935 and was made permanent on 1.4.1937. He has averred that he started depositing his share in the Provident Fund Account No.1694 w.e.f. 1.4.1937. He continued to work as primary teacher from 5.8.1936 to 1.10.1957 in Kathua Nangal, when the Government took control of all Primary Schools including the one where the petitioner was teaching. Petitioner retired from service on 22.5.1966. His grievance in the petition is that he has not been paid the money lying deposited in his Provident Fund Account and that he has been paid pension with effect from 18.12.1972 and not from the date when he retired and that too by counting his service only w.e.f. 1.10.1957 and not from 1.4.1937 when he was made permanent.

(3.) Respondents in their written statement have stated that the Punjab Government vide letter dated 2.8.1973 decided to grant pension to teachers of Provincialised Local Body Schools with effect from 18.12.1972 on the basis of their length of service in accordance with pension rules prevalent at the time of their retirement subject to the condition that no death-cum-retirement gratuity would be paid to them and they would not be required to refund the share of G.P. Fund received by them from the Local Body/Government. In compliance with these instructions, pension has been sanctioned to the petitioner and therefore, the writ petition is not maintainable. In regard to payment of money lying in Provident Fund Account, the reply is vague and it is not discernible as to whether payment has been made to the petitioner.