- (1.) Learned counsel for the parties have been heard at length.
(2.) The petitioner joined service with Shri Krishna College, Kanwali, District Rewari on the post of Peon w.e.f. 1.7.1976. At that point of time, such College was a State Aided and Affiliated College. The College was taken over by the State Government on 22.6.1992 and, accordingly, the petitioner became an employee of the SK Government College, Kanwali w.e.f. 23.6.1992. He retired from service on 28.2.2005 i.e. upon attaining the age of superannuation. In the light of order dated 23.8.2011, Annexure P5, the period of service from 1.1.1980 to 22.6.1992 that the petitioner had rendered in the College prior to its take over, has been counted for the grant of pensionary benefits. The present writ petition has been filed impugning the action of the respondent-authorities in denying to the petitioner the benefit of service for the period 1.7.1976 to 31.12.1979 towards qualifying service for computation of pensionary benefits.
(3.) The claim of the petitioner would require examination in the light of the Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Rules, 1999 (for short "1999 Rules"). Rules 2(j) and 6 of 1999 Rules would be relevant and the same read in the following terms: "Rule 2(j) - "Qualifying Service" Means the service that qualifies for pension under these rules. It shall be reckoned in terms of completed half years, provided that the fraction equal to three months and above shall be treated as completed half year. However, the qualifying service will be taken into account with effect from the date an employee starts contribution towards Contributory Provident Fund." ... "Rule 6 - "Qualifying Service" The service of an employee shall qualify for retirement benefits under these rules as under: i) Service rendered on attaining the age of 18 years on approved post and admitted for grant-in-aid. ii)The service rendered uptil the attainment of superannuation age of sixty years. iii)The leave admissible under the Haryana Affiliated Colleges (Security of Service) Rules, 1979 and under instructions issued by the Government from time to time, excluding the leave without pay and period of suspension, overstayal or leave not subsequently regularised and period of break in service.";