LAKSHMAN DASS Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner, a retired Social Studies Master, has filed the present petition seeking quashing of order dated 22.08.2012 (Annexure P-12), through which his representation to count the service rendered by him in a private aided school, which was later taken over by the State of Haryana, towards pension, had been rejected. He further seeks the issuance of a direction to the respondent State to release pension to him, along with interest, after counting the service rendered by him in the afore-referred private aided school.

(2.) The relevant facts lie in a narrow compass. On 02.09.1966, the petitioner was appointed as an untrained teacher in a private aided school namely Janta High School, Kaul, District Kaithal, Haryana (hereinafter referred to as - the School). While in service, he passed his B.Ed. examination and thereafter, in the year 1971, he was promoted to the post of Social Studies Master. On May 31, 1990, the School was taken over by the State of Haryana and thereafter, the petitioner was treated as a Government employee for all intents and purposes. On 31.12.1996, on attaining the age of superannuation, the petitioner retired from service. On retirement, since the petitioner's service, after the School had been taken over by the Government, was a little over six and a half years' and as per applicable service rules, a minimum of ten years of service under the Government was required for payment of pension, no pension was paid to him, leading to representations by the petitioner that the service rendered by him in the School prior to the same having been taken over by the Government be also counted towards pensionable service, primarily on the ground that the School, in which the petitioner was serving, was an aided School. His representations were ignored and finally rejected through the order impugned in the present petition.

(3.) Learned counsel for the petitioner submitted that the case of the petitioner was squarely covered in his favour by several judgments of this Court and the same should be applied to the case of the petitioner to grant him relief. The following judgments were cited:-