MAST RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition is filed by the retired teahers who worked in the schools in the State of Punjab, the management of which was taken over by the State of Punjab from the control of the District Boards. On 1-10-1957, the management of the schools was taken over by the State of Punjab and the services of the Teachers in the District Board schools were provincialised. Treating the petitioners as fresh entrants from the date of taking over of the schools, the pension and other retiral benefits were fixed with effect from 1-10-1957. According to the petitioners, they are entitled to have their pension and retiral benefits fixed taking into account their past service rendered, when the schools were under the management and control of the District Boards. This question is no more res integra. It has been held in State of Punjab and others v. Harnam Singh and others, 1997 2 JT 190 (SC);that the erstwhile teachers in the District Boards and Zila Parishads working are not entitled to the benefit of their previous service rendered by them when the Schools were under the management and control of the District Boards for any of the benefits including pension. It has been observed therein as follows :-

(2.) Their Lordships also referred to an earlier decision of the Apex Court in State of Punjab v. Dev Dutt Kaushal, 1995 6 JT 225 (SC).

(3.) In view of the authoritative pronouncements of the Apex Court, I do not find any merit in this petition since the petitioners were to be treated as fresh entrants after the management was taken over by the State of Punjab from the District Boards and, therefore, the petitioners are not entitled to have their previous service rendered, while working in the school at the time when these are under the control of the District Boards, counted for any benefits including pension.