ISHWAR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner was appointed as a PTI on 18.1.1988 in the Government aided privately managed S.D. High School, Lakhan Majra, Rohtak against a sanctioned post. Petitioner superannuated on 31.10.2011. Petitioner has been allowed pension vide order dated 4.12.2014 (Annexure P1) and his service for the purpose of pensionary benefits has been computed to be 13 years 6 months, whereas he had served for 23 years 9 months and 14 days. It is stated that the Government had notified Rules known as Haryana Aided School (Special Pension and Contributory Provided Fund) Rules, 2001 (in short, Rs.2001 Rules') vide notification dated 29.3.2001 (Annexure P2), vide which, the teachers and other staff working in Government aided schools against the sanctioned posts were allowed the pension and pensionary benefits. The retirement age in case of teacher was 58 years and the qualifying service was to be taken into account w.e.f. the date an employee subscribes contribution towards contributory provident fund. It is stated that later on the Government amended the Haryana School Education Rules, 2003 vide notification dated 19.1.2007 vide Haryana School Education (Amendment) Rules, 2007 (in short, Rs.2007 Rules'), whereby an employee/retiree who had not availed the option was allowed to give fresh option to deposit the subscription of fund along with interest at the prevailing rate as worked out by Director within 90 days. In compliance to the notification dated 19.1.2007 and the memos of Commissioner and Director General School Education, Haryana dated 14.3.2008 and dated 5.8.2008, all the DEOs/DEEOs in the State of Haryana worked out the employer's share of CPF on the basis of approved prevailing rates of the concerned bank/post office/RPFC for opted period along with 12% per annum simple interest and deposited the same into the pension head. Amount of late payment of CPF was calculated qua the petitioner and his share came to Rs.62607/-, which was deposited and got verified by Senior Accounts Officer of DEO, Rohtak. Therefore, the qualifying service of the petitioner comes to 23 years 9 months and 14 days. The petitioner prays that the qualifying service be accordingly considered after taking into consideration the service rendered by him from 18.1.1988 to 31.10.2011.

(2.) The respondents in the written statement took the plea that as per 2001 Rules, Chapter III, Sec. 5 Clause 1(ii), the qualifying service is to be taken into account w.e.f. the date an employee subscribed contribution towards contributory fund. It was admitted that the petitioner was appointed as PTI on 18.1.1988 against a sanctioned post in S.D. High School, Lakhan Majra, Rohtak on probation for two years, which was further extendable upto one year. As per Rules, the petitioner was required to subscribe to CPF but the petitioner subscribed the CPF only w.e.f. 1.5.1998, though he completed the probation on 18.1.1990. Therefore, his qualifying service is treated from the date he subscribed to CPF w.e.f. 1.5.1998. It was further stated that as per Rule 114 of Haryana School Education Rules, 2003, as amended by Rule 32 of 2007 Rules, the petitioner was entitled to exercise the option to subscribe for the probation period only. Therefore, his service from initial appointment till subscription towards CPF is not liable to be counted. The respondents justified the grant of pension as calculated by them.

(3.) I have heard learned counsel for the parties and have also carefully gone through the file.