USHA WADHWA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common order, the above mentioned writ petitions, the details of which have been given in the headings, are being disposed of as all the writ petitions involve the same question of law and similar facts. For the purpose of this order, the facts are being taken from CWP No. 4271 of 2015.

(2.) The grievance, which has been raised by the petitioner in this writ petition is that the petitioner has worked on ad-hoc basis with the Government Aided Institution before the regularization of her services, which period has not been taken into account as a qualifying service for computing the pensionary benefits on the ground that only the service for which the provident fund has been deducted, can be treated as a qualifying service for computing the pensionary benefits as envisaged under the Haryana Aided Schools (Special Pension and Contributory Provident Fund) Rules, 2001 (hereinafter referred to as '2001 Rules').

(3.) Petitioner was appointed as S.S. Mistress in Dayanand Arya Girls High School/DAV Girls Senior Secondary School, Karnal on 19.10.1972, which is a Government Aided School. Petitioner was appointed on a sanctioned post and was put on probation for a period of one year. After the expiry of probation period, petitioner was confirmed on the post of S.S. Mistress. On 22.12.1997, petitioner was promoted as a Head Mistress on which post she continued working till she retired on attaining the age of superannuation on 30.06.2008. After the retirement, the respondents calculated the pensionary benefits by taking into account only the service from 01.01.1979 till 30.06.2008 as qualifying service. The service which the petitioner had rendered from 19.10.1972 till 31.12.1978 was not taken into account as a qualifying service for computing the pensionary benefits. The prayer of the petitioner is that the total length of service for which she has served the respondents, should be taken into account as a qualifying service for computing the pensionary benefits.