IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH.

207 CWP-21743-2016 (O&M).

Date of Decision: 29.01.2025.

K.L. SHEORAN ... Petitioner(s)

Versus STATE OF HARYANA AND OTHERS ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

Present: Mr. Rajiv Sharma (Hisarwale), Advocate and Ms. Indu Bala Sharma, Advocate, for the petitioner.

Mr. Tapan Kumar, DAG, Haryana.

VINOD S. BHARDWAJ, J. (ORAL)

Challenging the order dated 08.04.2016 (Annexure P-5)

whereby the claim of the petitioner for counting the past service rendered in Government Aided College w.e.f. 10.08.1981 to 24.03.1989 towards pension and pensionary benefits has been rejected, the petitioner has approached this Court.

2 Briefly summarized, the facts of the present case are that the petitioner was appointed as Lecturer (English) in All India Jat Hero's Memorial College, Rohtak and joined as such on 10.08.1981. He served as Lecturer till 23.03.1989. The above All India Jat Hero's Memorial College, Rohtak is a Government Aided Privately Managed College and receives 95% grants in Aid from Government of Haryana, Department of Higher Education. It is stated that the Haryana Public Service Commission advertised posts of HCS (Executive & Allied) for which the petitioner applied through a proper channel. On completion of the selection process, the petitioner was found suitable and was recommended for the post of Assistant Excise & Taxation Officer in the Excise & Taxation Department, Haryana.

3 Consequent upon his selection, the petitioner was relieved from the college vide order 24.03.1989 and he joined the Haryana Govt. Service. On the basis of the seniority and merit, he was eventually promoted in his hierarchy and rose up-to the rank of Deputy Excise & Taxation Commissioner. The petitioner thereafter submitted an application with the respondent authorities for counting his past service rendered by him as a Lecturer with the All India Jat Hero's Memorial College, Rohtak towards pension and pensionary benefits and submitted his certificate dated 04.08.2012 obtained from College about the service rendered by him. On attaining the age of superannuation i.e. 58 years, the petitioner stood retired on 31.01.2013 and was paid pension and other pensionary benefits by considering the qualifying service w.e.f. 24.03.1989 to 31.01.2013 i.e. 23 years 10 months and 7 days. The service rendered by the petitioner as Lecturer in Government Aided College w.e.f. 10.08.1981 to 23.03.1989 i.e. 7 years 7 months 13 days was however not counted towards pension and other pensionary benefits.

4 It is pleaded that vide Office Memorandum dated 07.01.2002, issued by the Finance Department, Government of Haryana, bearing Memo No.1/2(4)- 96-2FR-II, the service rendered in an Autonomous Body (Statutory Body) under Haryana Government or seeking absorption in State Autonomous Body or Vice-Versa is to be counted for the purpose of pension. It is averred that the respondents did not pay any heed to the requests made by the petitioner for giving admissible benefits despite repeated reminders and later denied the same vide order dated 08.04.2016 on the ground that petitioner was not in service of a Govt. Aided College on the cut-off date of pension scheme i.e. 11.05.1998 and was hence not eligible for availing benefits of the said service in terms of Rule 3 of Haryana Aided College (Pension and Contributory Fund) Rules, 1999.

5 It is averred that the respondents State had notified the Rules called the Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Rules, 1999 that were published in Haryana Govt. Gazette dated 24.01.2001 effective from 11.05.1998. Under the said Rules, the benefit of counting past service was allowed to the employees appointed against aided sanctioned posts on or after 11.05.1998 and to those who continued to work on aided sanctioned posts immediately before 11.05.1998 and continue to work as such.

6 Reliance is also placed on certain precedent judgments to substantiate his cas