SURAJ PARKASH BAJAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition, the grievance of the petitioner is qua the order dated 16.09.2016 (Annexure P-4) by which the case of the petitioner for taking into account full length of service as qualifying service for computing the pensionary benefits have been declined on the ground that as per Rule 2 (j) of the Pension Rules, 1999, only the service for which the deduction of CPF was made, is to be taken into consideration while calculating qualifying service.

(2.) The facts as mentioned in the writ petition are that the petitioner had joined as lecturer in Political Science in S.A. Jain College, Ambala City, which was a Government Aided Private College. He joined on the said post on 02.09.1974 and he was confirmed on the said post on 02.09.1974. He continued working there till 30.6.2006 when he retired from service after rendering 32 years of service. After the retirement, the petitioner was granted benefit of service starting from 01.04.1980 till 30.06.2006 instead of 02.09.1974 for computing the pensionary benefits. The petitioner started making representation that he was appointed on 02.09.1974 and was entitled for the benefit of the service from the said date. The said representation of the petitioner was rejected by the respondents vide impugned order dated 16.09.2016, which action is impugned by the petitioner in the present writ petition.

(3.) Upon notice of motion, the respondents have filed reply, in which the respondents have reiterated that their action of counting the service of the petitioner from 01.04.1980 as qualifying service is perfectly in consonance with the Haryana Affiliated Colleges (Security of Service) Act, 1979 and the Pension Rules framed. The State had framed pension Rules for employees which came into effect on 11.5.1998 and according to the said pension Rules, the qualifying service will only be the service for which the employee has made contribution to the contributory provident fund. Reliance has been placed upon Rule 2 (j) of the Pension Rules, 1999. The relevant portion of the reply of the respondents is as under: