IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMOL RATTAN SINGH, J.
Subhash Chander - Petitioner
Versus
State of Haryana and others - Respondents
CWP No. 15857 of 2013
Decided On : 30-08-2017
Pension Scheme - Contribution towards Provident Fund - Government Service - The court directed the respondents to allow the petitioner to deposit the amount paid towards the contributory provident fund while working in a non-government school towards the pensionary scheme applicable to him in the government service.
Fact of the Case:
The petitioner, though not entitled to any pension, sought to deposit the amount paid towards the contributory provident fund while working in a non-government school towards the pensionary scheme applicable to him in government service.
Finding of the Court:
The court found the petitioner's request reasonable and directed the respondents to allow the deposit of the amount paid towards the contributory provident fund for the benefit of the pensionary scheme in government service.
Issues: The issue was whether the petitioner could deposit the amount paid towards the contributory provident fund while working in a non-government school towards the pensionary scheme applicable to him in government service.
Ratio Decidendi: The court held that the petitioner should be allowed to deposit the amount paid towards the contributory provident fund while working in a non-government school towards the pensionary scheme applicable to him in government service.
Final Decision: The petition was allowed, and the impugned order was quashed, directing the respondents to allow the petitioner to deposit the amount paid towards the contributory provident fund for the benefit of the pensionary scheme in government service.
AMOL RATTAN SINGH, J.
1. Both learned counsel are ad idem that though the petitioner is not entitled to any pension, he having joined even a Government Aided School in the year 2008, prior to his joining Government service in the year 2011, with the pension scheme having been wholly changed w.e.f. 01.01.2006, however, learned counsel for the petitioner submits that the petitioners' only grievance is that the amount deducted/paid by him towards the contributory provident fund while he was in service in the Gurukul Aryanagar School, District Hisar (respondent no. 3), be also allowed to be deposited by him towards benefit in the pensionary scheme now applicable to him in Government.
2. The aforesaid prayer is considered reasonable and this petition is therefore disposed of with a direction to the respondents to allow the petitioner to deposit with the Government, the amount paid by him/deposited on his behalf towards the contributory provident fund scheme while he was working in the Gurukul Aryanagar School, District Hisar, so as to enable him to draw benefit thereof in the pensionary scheme now applicable to him.
3. In view of the above, this petition is allowed to the aforesaid extent and the impugned order Annexure P-1 accordingly quashed.
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