J.L. Gupta, J. - (1.) The four petitioners herein, who have retired from the Education service of the State of Punjab, pray for the issue of a writ of mandamus directing the respondents to take into consideration the service rendered by them in the Schools managed by the District Boards prior to the provincialisation of their services.
(2.) Mr. Kansal, learned counsel for the petitioners, submits that this case is covered by the judgment of this Court in CWP No. 5269 of 1982, which was decided on December 5, 1991. He has also mentioned that a Division Bench of this Court had granted an identical relief in CWP No.13348 of 1991, decided on November 12, 1991. He further submits that a Special Leave Petition filed against the judgment of the Division Bench has already been dismissed by their Lordships of the Supreme Court. This factual position is not denied by Mrs. Charu Tuli who appears for the respondents. In fact, she has very fairly pointed out that SLP(Civil) No. 5116 of 1992 against the judgment of the Division Bench was dismissed by their Lordships vide order dated January 25,1993.
(3.) In view of this factual position, the writ petition is allowed. The respondents are directed to redetermine the petitioners pension and other retirement benefits by taking into account the period of services rendered by them prior to the provincialisation of their services. The arrears of pension and gratuity as may be found due shall be paid to the petitioners within six months from the date of the receipt of a copy of this order by the respondents. In case the payment is not made within a period of six months, the petitioners shall be entitled to interest on the amount of arrears found due @ 12% p.a. for the period for which the payment is delayed. In the circumstances of the case, there will be no order as to costs. Petition allowed.;