PREM SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of mandamus, directing the respondents to release the retiral/pensionary benefits to the petitioner by considering the period of service of the petitioner, which he rendered before the school was taken over by the Government.

(2.) The learned counsel for the petitioner contends that the judgment of the Hon'ble Supreme Court in the case of State of Punjab & others v. Dev Dutt Kaushal and etc. etc., 1995 Supp4 SCC 748, has no application to the facts of the present case.

(3.) The contention of the learned counsel for the petitioner is, that he is not claiming to be treated as a Government employee, from the date of his induction in service, but has claimed the service rendered by him, in the private school before its take over, be counted for the purpose of pension.