TEJINDER SINGH DHINDSA, J. - (1.) CHALLENGE in the present petition is to the order dated 29.7.2003 passed by the Commissioner, Directorate of Higher Education, State of Haryana, whereby the claim of the petitioner for revision of his retrial benefits by taking into account his service for the period w.e.f. 1.7.1966 to 25.8.1985 as Lecturer, Chemistry in D.A.V. College, Abohar (Pb.), has been declined.
(2.) BRIEFLY stated, the petitioner was initially appointed on the post of Lecturer in Chemistry in the pay scale of Rs.300-600 and he joined service at D.A.V. College, Abhohar, Punjab on 1.7.1966. Thereafter, in pursuance to a selection process the petitioner was selected and appointed as Principal in D.A.V. College, Naneola (Haryana) on 26.8.1985. He served as Principal in D.A.V. College, Naneola from 26.8.1985 to 30.9.1985 and subsequently as Principal, D.A.V. College, Poondri from 1.10.1985 to 10.2.1994 and finally as Principal, D.A.V. College, Ambala City from 11.2.1994 to 31.3.2002, whereupon he retired having attained the age of superannuation. The petitioner is stated to have submitted a number of representations claiming his retiral benefits for the entire period of service i.e. from 1.7.1966 to 31.3.2002. A sum of Rs.4921/- per month towards pension has been admitted by the State of Haryana and the grievance of the petitioner is that while admitting such claim for pension the period of service rendered by the petitioner on the post of Lecturer in Chemistry from 1.7.1966 to 25.8.1985 at D.A.V College, Abohar in the State of Punjab has not been taken into reckoning. In response to the numerous representations filed by the petitioner to agitate his claim the impugned order dated 29.7.2003 has been passed by respondent no.1, wherein he has been intimated that there is no provision in the pension notification for grant of benefit of service rendered under other State colleges. As such the petitioner is seeking the issuance of a writ of Certiorari for quashing of the impugned order dated 29.7.2003 and is further seeking directions to the respondents-authorities to revise his retiral benefits and pension by taking into account the period i.e. 1.7.1966 to 25.8.1985, i.e. the period when he had served on the post of Lecturer, Chemistry in D.A.V. College, Abohar. I have heard respective counsel for the parties at length and have perused the paper book minutely. The primary contention raised on behalf of the petitioner is that the entire service of the petitioner be it in the State of Punjab or thereafter in the State of Haryana, has been rendered in institutions managed by the same management i.e. the D.A.V. College Trust and Management Society having its Head Office at New Delhi. It has been contended on behalf of the petitioner that even though, he was selected for the post of Principal but his services were ordered to be transferred from D.A.V. College, Abohar to D.A.V. College, Naneola. Learned counsel for the petitioner in this regard makes a reference to the communication dated 24.8.1985 at Annexure P-2.
(3.) LEARNED counsel for the petitioner is staking his claim by relying upon Rule 6 of the Haryana Affiliated Colleges (Pension and Contributory) Provident Fund Rules, 1999 (hereinafter referred to as the Pension Rules, 1999). The precise contention raised by learned counsel for the petitioner is that under the Pension Rules, 1999 the service rendered in one or more private affiliated colleges receiving grant-in-aid under the same management has to be counted for purposes of grant of retiral benefits. As such, it is contended that there is no basis for denying the petitioner the retiral benefits pertaining to the service rendered by the petitioner for the period w.e.f. 1.7.1966 to 25.8.1985 while serving on the post of Lecturer in an institution, although situated in the State of Punjab but being under the same management i.e. the D.A.V. College Trust and Management Society, New Delhi. The legality and correctness of the impugned order dated 29.7.2003 passed by respondent no.1 and the claim of the petitioner as raised in the present petition would have to be adjudicated upon in the light of the Pension Rules, 1999. Rule 3, clauses 1 and 2 clearly lay down that such rule shall apply only to the employees, who are appointed to aided sanctioned posts after 11.5.1998 and to such employees who were working on aided sanctioned posts immediately before 11.5.1998 and continued to work as such. Rule 3 sub clause 2 (ii) further stipulates that the Pension Rules, 1999 shall not apply to the employees appointed against a post not sanctioned by the Govt. of Haryana. The expression aided sanctioned posts is defined under Rule 2, sub clause (a) of the Pension Rules, 1999 and it means a post for which grant-in-aid is allowed by the Director, Higher Education, State of Haryana. Rule 6 of the Pension Rules, 1999 reads in the following terms:- 6. The services of an employee shall qualify for retirement benefits under these rules as under:- (i) The service rendered on attaining the age of 18 years on approved post admitted for grant-in-aid; (ii) The service rendered uptill the attainment of superannuation age of 60 years. (iii) The leave admissible under the Haryana Affiliated Colleges (Security of Service) Rules, 1979 and under instructions issued by the Govt. from time to time, excluding the leave without pay and period of suspension over stay of leave not subsequently regularised and period of break in service. (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 that the official has been appointed through proper channel on aided sanctioned post and the approval of continuity of service has been obtained from the Director. Provided further that Contributory Provident 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 conditions as modified by the Govt. time to time.;