BHIM SINGH Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) The uncontroverted facts are that the petitioner was initially appointed as SS Master on 06.07.1979 in Jat H.M.A.S. High School, Rohtak i.e. a government aided school. He served in such aided school till 30.12.1986 forenoon. Petitioner joined government school as a Math Master on 30.12.1986 itself. His services were regularized by the State Government on 01.01.1991. Petitioner retired on 30.09.2006 upon attaining the age of superannuation.

(2.) Perusal of the impugned order at Annexure P-9 discloses the basis for rejection of the claim of the petitioner. It has been stated that under the Haryana Aided (Pension and Contributory Provident Funds) Rules, 1999, such Rules are to apply only to employees who are appointed against government aided sanctioned post on or after 11.05.1998 or to such employees who were working in aided sanctioned post immediately prior to 11.05.1998 and continued to work thereafter. Accordingly, the cut off date i.e. 11.05.1998 has been taken into reckoning to deny to the petitioner benefit of his past service rendered in a State aided school and by contending that he had resigned from such school much prior to the cut off date and had joined government service.

(3.) The judgment in CWP No.16817 of 2007 has thereafter been affirmed by the Letters Patent Bench in LPA No.162 of 2010 decided on 08.02.2010. Thereafter the matter having been carried to the Hon'ble Supreme Court by the State Government, even SLP (civil) No.13909 of 2010 has been dismissed on 12.05.2010.