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2025 Supreme(Online)(CAT) 3876
CENTRAL ADMINISTRATIVE TRIBUNAL
MR. SURESH KUMAR BATRA, J, MRS. RASHMI SAXENA SAHNI, A
Gurcharan Singh – Appellant
Versus
Education Deptt. Ut Chandigarh – Respondent
O.A./1554/2017
Mr. Rishav Sharma, Mr. K.K. Thakur
Service rendered in a pensionable post in an aided school is countable towards pension benefits when transitioning to another government position.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Haryana Aided Schools (Special Pension and Contributory Provident Fund) Rules, 2001 - Counting of past service for pension - Applicant sought recognition of service from 31.03.2001 to 18.04.2007 for pension benefits - Court found that service in aided schools is countable towards pension, reaffirming principles of fairness and equity. (Paras 1, 6, 14, 20)
(B) Pension Eligibility - The court emphasized that service rendered in a pensionable post should not be disregarded when transitioning to another pensionable position, ensuring continuity of benefits. (Paras 14, 20)
Facts of the case:
The applicant served as a J.B.T. Teacher in a government-aided school and later joined the Chandigarh Administration. He claimed his previous service should count towards pension eligibility.
Findings of Court:
The court ruled in favor of the applicant, stating that his past service should be counted for pensionary benefits under the old pension scheme.
Issues: The main issue was whether the applicant's previous service in an aided school could be counted towards pension benefits in a new government position.
Ratio Decidendi: The court held that denying pension benefits for prior service in an aided school would be inequitable, as the service was pensionable and continuous.
Result: Original Application allowed.
ORDER
Per: SURESH KUMAR BATRA MEMBER (J):-
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act 1985 seeking the following relief:
i) That the respondents be directed to count the past service rendered by the applicant on sanctioned aided post in privately managed Govt. aided School from 31.03.2001 to 18.04.2007, for all intents and purposes including for the purpose of pension and retiral benefits by extending the benefit of various judgements rendered in para No. 4 & 5.
(ii) That the applicant be held entitled to all consequential benefits/ relief, in the interest of justice.
2. The facts of the case, is brief, are that the applicant initially was appointed on the duly sanctioned post of J.B.T. Teacher in the Dev Nagri Primary School, Mustafabad, Tehsil Yamunanagar, District Ambala, Haryana in the pay scale of Rs. 4500-125-7000 by the Govt. of Haryana under the Grant-in-Aid Scheme, vide letter dated 02.08.2002 (Annexure A-2). The said school is junior wing of DAV Sr. Sec. School, Mustafabad, Yamunanagar, Haryana and is permanently recognized and Govt. aided school receiving 75% grant-in-aid from Education Department, Government of Haryana. In terms of notified Rules called the Haryana Aided Schools (Special Pension and Contributory Provident Fund) Rules, 2001, the post on which the applicant worked was/is a pensionable one. These Rules are applicable to employees working on "aided sanctioned post" and as per Rule 2(b) ’aided sanctioned post" means the post for which grant-in-aid is allowed by the Education Department Haryana. As per Rule 4 of the said Rules, the following retirement benefits shall be admissible under these rules, namely (1) Pension:(a) Superannuation Pension; (b) Invalid Pension; (c) Compensation Pension; (d) Voluntary Retirement Pension/ Compulsory Retirement Pension; (2) Death-Cum-Retirement- Gratuity; (3) Service-Gratuity; (4) Family-Pension.
3. The respondent No. 2 invited applications for various posts including posts of JBT Teachers in the pay scale of Rs. 4550-7220, vide newspaper advertisement in June, 2002(Annexure A-4). The applicant being eligible applied for the same through proper channel. The Dev Nagri Primary School issued NOC dated 05.07.2002 giving permission to applicant to apply for the post of J.B.T. in Chandigarh Administration and it was mentioned therein that in case the applicant is appointed in Chandigarh Administration then he will be relieved immediately from his post as per rules, provided he hands over the entire charge to the Incharge of School (Annexure A-5).
4. The applicant was ultimately appointed in Chandigarh Administration as JBT Teacher in the grade of Rs. 4550- 7220 vide Appointment Order dated 26.03.2007 (Annexure A-6) and was posted at Govt. High School, Daria vide Order dated 16.04.2007 (Annexure A- 7). He informed his School about his appointment and submitted technical resignation on 18.04.2007 (Αnnexure A-9). He was relieved from the Dev Nagri Primary School vide certificate dated 18.04.2007 (Annexure A-8). Thereafter, he joined the services at Govt. High School, Daria on 19.04.2007 (FN) (Annexure A-10). He successfully completed his probation period of two years on 19.4.2009 (Annexure A-11).
5. The applicant submitted that on coming to know that after a long time his service book has been sent on 24.09.2016 by the DEEO Yamunanagar to the Chandigarh Administration, he requested on 30.09.2016 through the Head master of School to protect his pay and other financial benefits under rule 3.12 of Punjab Civil Services Rules, Vol. II along with pensionary benefits (Annexure A-12). The Director School Education returned the case file of applicant to the DEO with remarks that the matter is under consideration of the Finance Department, Chandigarh Administration vide letter dated 09.11.2016 (Annexure A-15). The applicant submitted reminder on 11.01.2017 and 06.07.2017 to the Director School Education (Annexure A-16 and A-1
