DEV PARKASH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner worked in the Arya Senior Secondary School, GT Road, Panipat, which is a privately managed Government Aided School. He worked against the sanctioned post of Hindi teacher for the period from 6.8.1984 to 19.11.1993,. It also comes out that on 19.11.1993, the petitioner resigned from the said post of Hindi teacher, vide resignation letter dated 19.11.1993 (Annexure-R-1), stating that on his selection as Hindi lecturer in the Government service, he resigns from the said post. The resignation was accepted on 20.11.1993. Thereafter, he joined as lecturer of Hindi in the Government Senior Secondary School, Khanpur Kalan, Sonipat, on the next day i.e. 20.11.1993. The petitioner had retired from service with effect from 30.4.2008. On 9.2.2011, the Government issued instructions for counting the service rendered in the Government aided establishments towards grant of pension and gratuity. The petitioner has now approached this Court by way of filing the present writ petition, praying that his service rendered in the Arya Senior Secondary School, Panipat, be counted as a qualifying service for the grant of pension and gratuity.

(2.) The State, in the reply, has taken the stand that the petitioner had resigned from his previous service, therefore, his service cannot be counted as a qualifying service for the purpose of grant of pension and gratuity etc. It was stated that under the service rules, the Government was required to pass a speaking order, which it has passed rejecting the claim of the petitioner.

(3.) The policy of the Government dated 9.2.2011, is reproduced as under :-