- (1.) M. Katju, J. This writ petition has been filed with a prayer to refix the petitioner's pension on the basis of the length of the service as 36 years five months and to restore the salary of 123 days deducted from the pension.
(2.) I have heard Dr. R. S. Dwivedi learned counsel for the petitioner and learned standing counsel. The petitioner retired as permanent Principal of Dhata Inter College, Dhata, District Fatehpur on 30-6- 85. He had started his service as permanent Assistant Teacher in a Primary School under the Nagar Mahapalika, Allahabad on 20-1-49 vide Annexure-1 to the writ petition and served there up to 28-8-61. The total period of this service is 12 years seven months and nine days. On 29-8-61 the petitioner joined as L. T grade teacher in Jawahar Lal Nehru Inter College, Sarsawan, Allahabad, where he served up to 10- 7-62 when he got his ap pointment as Headmaster in Junior High School, Dhata, District Fatehpur. The Junior High School, Dhata was sub sequently raised to High School and then Intermediate standard. In paragraph-6 of the writ petition it is alleged that there was a law and order problem in the college be cause of which the petitioner was directed by the authorities to abstain from attending the college from 29-7-74 to 26-2-75 but the petitioner was paid salary for this period. It is alleged in paragraph-7 of the writ petition that on 28-12-73 some unruly teachers and students tried to burn the petitioner aliveand a lot of furniture and other house hold materials were bunt, but the petitioner some how escaped. A true copy of the F. I. R. is Armexure-3 to the writ petition. In view of this law and order situation the Sub-Divisional Officer, Khaga, asked the petitioner to close the college sine dia vide letter dated 22-4-74 Annexure- 4 to the writ petition. The college was closed but some now the examination was held. On the re opening of the college in July 1974, the District Inspector of Schools, Fatehpur, on the request of the Manager directed him to grant leave on full pay to the petitioner for the period 29-7- 74 to 26-9-74and this leave was extended upto 26-2-75 vide Annexure-6 and 6-A to the writ petition. In paragraph-9 of the writ petition it is stated that the State Government had started a scheme known as "triple Benefit Scheme' which also includes grant of pension vide Annexure-6 to the writ petition. The petitioner has alleged that he is entitled to get the benefit of thirty six years of service without any deduction for the period in respect of which he was on leave, but the petitioner has been granted pension on the basis of service counted only for twenty three years instead of thirty six years vide Annexure-8 to the writ petition. In this order the period of service calculated is only twenty-one years after excluding two years service when he was headmaster of Junior High School, Dhata. In paragraph- 11 of the writ petition it is alleged that the salary of 123 days was deducted holding that it was illegally paid to the petitioner, Ag grieved this writ petition has been filed. A counter-affidavit has been filed on behalf of respondent No. 3. In paragraph-5 of the same it has been stated that the petitioner wants to add the period of his service as assistant teacher in a private school run by the Nagar Mahapalika, Al lahabad and Jawahar Lal Nehru Inter Col lege, Sarsawan, Allahabad, which can not be accepted. It is further stated that the petitioner had worked on temporary basis From 29-8-61 to 10-7-62 in Jawahar Lal Nehru Inter College, Sarswan, Allahabadand left the job after resigning and the such period can not be added for computing the pension. The leave of 123 days was not ac corded to the petitioner as per rulesand as such the said salary has been rightly deducted. In the rejoinder affidavit it has been stated in paragraph-4b of the same that the primary school run by the Nagar Mahapalika Allahabad, was an aided school and the service in Jawahar Lal Nehru Inter College was not temporary but was a sub stantive one on probation. A photo copy of the certificate in this connection is An nexure R. A.-I. It has been denied that the salary for 123 days was wrongly given to the petitioner. In paragraph-6 of the rejoinder affidavit it is stated that the primary school is run by a local authorityand was thus not an unaided institution.
(3.) IN my opinion, this writ petition deserved to be allowed. I have held in Ram Janam Singh v. Dy. Director of Education, in writ petition No. 11855 of 1994, decided on 14-9-95 that even the period for which the petitioner worked as a clerk has to be added in the length of his service. Similarly, in Ram Raksh Pal v. State of U. P. , Writ Petition No. 34579 of 1993 decided on 1-9-95, it has bene held that even the service in a private in stitution has to be added to the length of the service. Following these decisions, I am of the opinion that the service rendered by the petitioner in the school run by the Nagar Mahapalika, Allahabad and Jawahar Lal Nehru Inter College is to be added in cal culating his pension. Hence, this writ peti tion is allowed. Mandamus is issued to the respondents to refix the petitioner's pen sion on the basis of length of service as thirty six years five months which would be done with in a month of the production of the certified copy of this order before the authority concerned and the payment should commence forthwith thereafter. The arrears of pension should be paid with in three months. As regards the deduction of salary of 123 days, in my opinion, there was no basis for making this deduction par ticularly when the amount had already been paid in accordance with the direction of the District Inspector of Schools. Hence, the salary for 123 days which has been deducted from the petitioner's pension shall also be paid to him with in two months. Petition allowed. .;