KUSUM GUPTA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By virtue of instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of mandamus directing the respondents to consider and count the period of service from 16.07.1971 to 18.08.1979 in the Government Aided, Hindu Girls College, Jagadhri towards qualifying service for pension and other retiral benefits and further to pay arrears along with interest thereof.

(2.) Concededly, petitioner was appointed as Lecturer in Political Science against sanctioned post in Hindu Girls College, Jagadhri, a Govt. Aided Private College on 16.07.1971 (P-1) by the duly constituted Selection Committee. Since, the said college was affiliated with Panjab University, Chandigarh, her appointment was also approved as Lecturer in Political Science up to degree classes vide letter dated 12.10.1971 (P-2). She served in the aforesaid College of Jagadhri for the period 16.07.1971 to 18.08.1979. Subsequent thereto, she applied for the post of Lecturer in Political Science in RKSD College, Kaithal, that too, after obtaining NOC from Hindu Girls College, Jagadhri. She was selected by the duly constituted committee on 07.08.1979 and her appointment was duly recommended by the Kurukshetra University. Since, the aforesaid University recommended the name of petitioner for appointment as Political Science Lecturer vide letter dated 17.08.1979 (P-5), she joined on 20.08.1979 as such.

(3.) It is also an undisputed fact that petitioner has served sufficient long period in Hindu Girls College, Jagadhri from 16.07.1971 to 18.08.1979 as Lecturer in Political Science, thus, she became entitled to selection grade/senior scale after counting aforesaid past service in RKSD College but the authorities declined the request so made by the petitioner, which necessitated the filing of CWP No.11223 of 1993 before this Court. The said writ petition was allowed vide order dated 20.11.1996 in terms of Romila Jains case reported as,1995 4 SLR 238. Subsequently, after considering the aforesaid period towards selection grade/senior scale, she was allowed senior scale w.e.f. 01.01.1986 and selection grade w.e.f. 26.07.1987 vide order dated 02.07.1997 (P-9). Though, the aforesaid period has already been taken into consideration and counted towards grant of senior scale and selection grade as referred to above yet the request of petition was rejected for counting the aforesaid period of 16.07.1971 to 18.08.1979 for pension and pensionary benefits for the simple reason that she did not apply for the post of Lecturer Political Science through proper channel to RKSD College (Govt. Aided), Kaithal and rejected the claim vide letter dated 17.07.2004 (P-10). When the relief sought through the petition was not granted by the respondents for counting past service rendered in Govt. Aided College, Jagadhari from 16.07.1971 to 18.08.1979 towards pension and other retiral benefits, petitioner has approached this Court.