SHASHI TEJPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition, the grievance of the petitioner is that the petitioner is being denied the benefit of pension only on the ground that the CPF in respect of the petitioner, was never deposited by the management of the institutions with the Government and as per Rule 2 (j) of the Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Rules, 1999 (hereinafter referred as '1999 Rules), only the service for which the contributory provident fund has been deposited, is to be taken as a qualifying service while computing the pensionary benefits.

(2.) The facts stated in the writ petition are that the petitioner was initially appointed as Lecturer in Physical Education against an unsanctioned post on 06.09.1993. The said appointment was made by respondent No.3-College in the year 2004. On 01.07.2004, a sanctioned post of Lecturer in Physical Education became available and the petitioner requested that as the petitioner has been working for the last about 9 years, he be adjusted against the said sanctioned post w.e.f. the date it has become available. The request of the petitioner was not accepted and rather the same was turned down by the respondents vide letter dated 03.08.2007.

(3.) Petitioner challenged the said action by filing CWP No.17260 of 2007 titled as Smt. Shashi Tejpal Vs. State of Haryana and others, decided on 11.03.2008, with the prayer that the petitioner be adjusted against the regular sanctioned post and the said request was allowed by this Court on 11.03.2008. The relevant paragraph of the said judgment is as under:-