SHASHI KALA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In the present writ petition, the challenge is to the order dated 20.10.2016 Annexure P-8 by which the claim of the petitioner to grant the pension by giving him the benefit of 5 years of service as envisaged under Rule 4.2-A of the Punjab Civil Services Rules as applicable to Haryana has been declined.

(2.) The petitioner was appointed as S.S. Mistress in a private school namely Shri Mahavir Jain High School, Bhiwani on 06.07.1984. She continued working there upto 10.12.2004. During the period when the petitioner was serving there, the State of Haryana had issued an advertisement in the year 1999 for recruitment of S.S. Master/Mistresses. The petitioner applied in pursuance to the same and she was appointed as S.S. Mistress on 13.12.2004. The petitioner continued working there till she retired on attaining the age of superannuation i.e. 58 years on 30.04.2014. At the time when the petitioner reached the age of superannuation, the petitioner had only 9 years, 4 months and 13 days of service, which did not entitle her for the pensionary benefits for the reason that minimum 10 years service is required for becoming eligible for the grant of pension.

(3.) The petitioner sent the legal notice to the respondents to grant her the benefit of 5 years of service as envisaged under Rule 4.2-A of the Punjab Civil Services Rules as applicable to Haryana but as nothing materialized, the petitioner filed a writ petition bearing CWP No.10496 of 2016. The said writ petition was disposed of by this court on 25.05.2016 directing the respondents to decide the legal notice served by the petitioner within a period of four months. In compliance to the order passed by this Court, the respondents passed an order on 20.10.2016. Vide the said order, the respondents found that the case of the petitioner is not covered under Rule 4.2-A of the abovesaid Rules and therefore the benefit of five years of service cannot be granted and rejected her claim. This order is under challenge in the present writ petition.