TARLOK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners - Tarlok Singh and Raj Rani seek quashing of the orders dated 11.2.2005 (Annexure P12) and 31.5.2004 (Annexure P10), in pursuance of which their claim for the grant of pension has been declined on the ground that the service rendered by them in privately managed aided school is not to be counted for the grant of pensionary benefits. Petitioner No. 1 - Tarlok Singh was appointed as Headmaster in BLD Janta High School, Jahidpur Kamlooh w.e.f. 1.9.1970. The post on which he was appointed was an aided post receiving grant-in-aid from the Punjab Government. Petitioner No. 2 - Smt Raj Rani was appointed as JBT teacher in the BLD Janta Middle School on 18.9.1967. The said appointment was also against an aided post receiving grant-in-aid. Both the petitioners had been continuously depositing their contributory provident fund.

(2.) The petitioners claim pension for the period of service rendered by them in Page 2 of 6 government aided privately managed institutions. In respect of aided posts, a pension Scheme was formulated by the Punjab government, under Rule 22-A of the Punjab Privately Managed Recognised Schools Employees (Security of Service) Rules, 1981, which Scheme is known as the Punjab Privately Managed Recognized Aided School

(3.) Recruitment Benefits Scheme, 1992 (1992 Scheme - for short) which was made effective from 10.2.1992. In terms of the said 1992 Scheme, the government took a decision that employees of government aided schools would be given pension in lieu of the contributory provident fund. The teachers working in the respective privately managed recognized aided schools were asked to give their options as to whether they would like to continue in the existing contributory provident fund scheme or opt for the retirement benefits admissible under the 1992 Scheme. The petitioners were desirous of getting benefits under the 1992 Scheme and had given their necessary options in this regard. The BLD Janta High School, Jahidpur Kamlooh in which petitioners were working on aided posts was taken over by the Punjab Government in pursuance of gift deed dated 10.1.1997. (Annexure P4). Condition No. 4 of the said gift deed provided that the employees who were appointed and working as regular employees against the aided posts would get the benefit of previous service rendered by them in the privately managed aided schools for the purpose of grant of pension and pensionary benefits under the 1992 Scheme. The petitioners were given fresh appointments after the school was taken over by the Punjab government. Smt Raj Rani - petitioner No. 2 was offered appointment on purely temporary basis for six months subject to final approval of the concerned recruitment agency. In terms of order dated 23.7.2003, the services of Raj Rani - petitioner No. 2 were regularized w.e.f. 19.2.1999. The services of Tarlok Singh - petitioner No. 1 were also regularized vide order dated 11.8.2003. On superannuation of the petitioners, they have not been given the benefit of pension on the ground that service rendered in privately managed school is not to be counted for pension.