Judgment:
Civil Writ Petition No.9974 of 2013 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: May 09, 2013 Nirvail Singh ...Petitioner Versus The State of Punjab & others ...Respondents CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH Present: Mr.R.K.Arora, Advocate, for the petitioner.
***** AUGUSTINE GEORGE MASIH, J.(ORAL) Petitioner has approached this Court with a grievance that the service rendered by him as a Science Master in Sr.Guru Ram Dass Higher Secondary School, Amritsar from 12.7.1970 to 12.7.1971 and thereafter in Khalsa Higher Secondary School, Bir Babe Budha Sahib, Amritsar from 19.7.1971 to 21.8.1974, which service was on the aided post under the grant-in-aid scheme of the Government of Punjab, as also the period of service with the Government from 26.9.1974 to 28.10.1974, which was adhoc service, has not been taken into consideration by the respondents while counting the qualifying service for the purpose of grant of pensionary benefits.
The claim of the petitioner is based upon the judgment passed by this Court in CWP No.14238 of 1991 (Sukhdev Singh and others Versus State of Punjab and others).decided on Civil Writ Petition No.9974 of 2013 :2:
10. 3.2010 (Annexure P-3) with regard to the counting of service on an aided post under the grant-in-aid scheme and on the judgment of this Court in CWP No.11451 of 2008 (Harjit Kaur Versus State of Punjab & others).decided on 21.4.2009 (Annexure P-4) for counting of the adhoc service followed by regular service.
In the light of these judgments and the statutory rules, petitioner has submitted a representation dated 22.2.2013 (Annexure P-8) to the Director of Public Instructions (SE).Punjab-respondent No.2, which has till date not been responded to.
Counsel contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Director of Public Instructions (SE).Punjab-respondent No.2 to consider and decide the representation dated 22.2.2013 (Annexure P-8).filed by the petitioner, within some specified time.
In view of the statement made by the counsel for the petitioner and without going into the merit of the case or commenting thereon, the present writ petition is disposed of with directions to the Director of Public Instructions (SE).Punjab-respondent No.2 to consider and decide the representation dated 22.2.2013 (Annexure P-8) within a period of three months from the date of receipt of certified copy of this order.
In case the claim of the petitioner is accepted, the consequential benefits, if any, be released to him, in accordance with law, within a further period of two months.
Arrears shall be restricted to 38 months from the date of filing of the representation.
In case the claim of the petitioner is not to be accepted, then a well reasoned Civil Writ Petition No.9974 of 2013 :3: and speaking order be passed and conveyed to the petitioner forthwith.
May 09, 2013 ( AUGUSTINE GEORGE MASIH ) ramesh JUDGE