CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a retired Head-master, has filed the present petition seeking payment of pension and retiral benefits. Respondent-Government says that he cannot be paid pension as his service rendered in the school while it was run by private Management, though receiving aid, cannot be counted as service for the purposes of grant of retiral benefits.

(2.) A few facts may be noticed. The petitioner was appointed as S.S. Master on 4.9.1965 in Sant Hari Singh Khalsa High School Jian, Chabbewal, Hoshiarpur. With effect from December 1967, this school became an aided school though run by the private management. The petitioner was promoted to the post of Headmaster with effect from 1.1.1986, On 31.8.2000, the Management of this school gifted it to the Punjab Government. All the employees working in the above mentioned school were also absorbed in the service of the Punjab Government on temporary basis subject to the final approval of the concerned recruiting agency. The services of the petitioner were regularized with effect from 31.8.2000 as headmaster vide order dated 25.3.2003. The petitioner was also granted annual increment. On 30.4.2002, the petitioner retired as Headmaster from the school, which came to be known as Government High School, Chabbewal, Hoshiarpur. He made a claim for grant of retiral/pensionary benefits, which were not released to him. It is disclosed in the petition that the Punjab Government had framed rules known as Privately Managed Recognized School Employees (Security of Service) Rules, 1981 for grant of pensionary benefits to employees working in the privately managed recognized aided schools. The persons governed by these rules are entitled to superannuation pension, death-cum-retirement gratuity, family pension, invalid pension, compensation pension, compassionate allowance and retiring pension. It is further being disclosed in the petition that the petitioner had been contributing provident fund with effect from 1.12.1968 and continued to do so upto 30.11.2000 till remained in the school while it was privately managed and recognized aided school. It is, accordingly, claimed that the petitioner is entitled to grant of retiral benefits including pension for which he submitted a claim. Initially, certain objections were raised by the Indian Audit and Accounts Department. The petitioner had resubmitted his case after compliance with the objections raised. In addition to other requirement, the audit department had demanded certificate to the effect that his services rendered before taking of the school by Government was countable as qualifying service for the purpose of pensionary/retiral benefits. As per the petitioner, this certificate was not being released by the District Education Officer. In the meanwhile, the petitioner had given a representation disclosing the names of the persons, who had retired from the same school and had been granted pension. Still nothing was done whereupon the petitioner filed the present writ petition.

(3.) On notice being served, written statement has been filed by the District Education Officer (S), Hoshiarpur on behalf of all the respondents. Relying upon the terms and conditions contained in the order taking over management of the school, Annexure R-l, it has been pleaded that the service rendered by the petitioner prior to 31.8.2000 cannot be counted as qualifying service for the pensionary benefits as per the terms and conditions contained in Annexure R-l. In this regard, support has also been sought from the judgment of the Hon'ble Supreme Court in S.L.P. (C) No. 2500/95, copy of which has been annexed as R-2.