SOHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner was a regular employee in the National High School, Bhikiwind, District Amritsar. While he was discharging his duties as JBT teacher the School was taken over by the Punjab Government w.e.f. 25.10.1966 by an order dated 29.11.1966. The service of the petitioner was also taken over by the aforesaid order. The relevant extract of the order is hereunder :-

(2.) As a result of his appointment in the education department of the State of Punjab, the petitioner was transferred from Bhikhiwind to Government Middle School, Bachiwind, Tehsil Ajnala, District Amritsar. He served there up to 30.6.1982 on which date he retired upon attaining the age of superannuation. The petitioner, therefore, discharged his duties with the State Government with effect from 25.10.1966 up to 30.6.1982. For this period of service, he claims that he is entitled to pension.

(3.) The petitioner submits that he visited the Block Primary Education Officer, Block Chogawan II as well as the District Education Officer (Primary) at Amritsar for completion of his service book and the grant of pensionary benefits. However, he was not granted the same. Ultimately he even served a legal notice under Section 80 of CPC in August 1991. A copy of the said notice has been appended as Annexure P-2 with this writ petition. Having failed to receive any response from the respondents, the petitioner filed a suit in November, 1991 seeking the grant of pension. The said suit, however, was dismissed by the trial Court with the following observations :-