- (1.)THE question that arises for consideration in the instant appeal is, whether the service of the respondent rendered with the D.A.V.College, Hassangarh, was liable to be taken into consideration along with the service rendered by him with C.R.K.College, Jind, as qualifying service. Rule 6 of the Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Rules, 1999 is the relevant provision, for the determination of the above issue. Rule 6 aforementioned is extracted hereunder:
"Rule 6. Qualifying Service. i. xx xx xx ii. xx xx xx iii. xx xx xx iv. Service rendered in one or more private affiliated College, receiving grant -in -aid under the same management. v. Service rendered on aided sanctioned post in any aided college in the State of Haryana. Provided further that the Contributory Fund Account of the employee in the previous college continued as such in the subsequent college to which he is transferred or appointed and there is no break in service or the service condition as modified by the Government from time to time."

(2.)UNDER proviso to Clause (v) of Rule 6 extracted above, for taking into consideration the qualifying service in an earlier employment, it is imperative that there should be no break in service. A perusal of the impugned order however reveals that the respondent continued to render service with the D.A.V.College, Hassangarh, till 05.09.1983, whereafter he joined his employment with the C.R.K.College, Jind. On his employment with the C.R.K.College, Jind, deduction towards C.P.F. commenced from 01.05.1984. The above factual position depicted in the impugned order, gives an impression that, the respondent was unemployed from 06.09.1983 to 30.04.1984. The above break in service was not taken into consideration by the High Court, while passing the impugned order. The above factual position would have made the respondent's service in his earlier employment, ineligible for computation towards qualifying service.
During the course of hearing, learned counsel for the appellant very fairly brought to our notice, that after being discharged from the employment of the D.A.V.College, Hassangarh, on 05.09.1983, the respondent commenced his employment with the C.R.K.College, Jind, on the very next day i.e. on 06.09.1983. That being the factual position, it is apparent that there was no break whatsoever, when the respondent moved from D.A.V.College, Hassangarh, to C.R.K.College, Jind.

(3.)IN the above view of the matter, the second question which arises for consideration is, whether in terms of Rule 6 extracted hereinabove, the respondent was entitled to count the service rendered by him in the D.A.V.College, Hassangarh, towards qualifying service. Yet again, there is a predicament on account of the fact, that the proviso under Clause (v) of Rule 6 also mandates that the said service could be taken into consideration as qualifying service, subject to the condition, that the contributory provident fund account of the employee in the previous college, continued as such, in the subsequent college. Insofar as the instant aspect of the matter is concerned, learned counsel for the appellants invited our attention to a communication dated 10.07.1984 (appended to the instant civil appeal as Annexure P -1). The above communication is being extracted hereunder:
"Office of the Principal, D.A.V College, Hassangarh, (Rohtak) Dated 10.07.1984 Certified that Sh. S. M. Acharya S/o Sh. Nanda Ram served this college as Lecturer in English from 14.10.1974 to 5.9.1983 (A.N.). His application for the post of Lecturer in English at C.R.K. College, Jind was duly sponsored and having been selected, he was relieved on 5.9.1983 to join C.R.K.College, Jind. Since his salary for 28 months was outstanding to be paid, his CPF amount could not be transferred to C.R.K. College, Jind along with him. In the meantime the college was closed down by the management due to unavoidable circumstances, and we had to handover their C.P.F. deposits individually to each employee of the College. It is further certified that D.A.V. College, Hassangarh (Rohtak) had been receiving grant -in -aid from Govt. Haryana since its very inception in 1970. Sd/ - Principal D.A.V. College Hassangarh (Rohtak)"