- (1.) The petitioner was a regular employee in the National High School, Bhikiwind, District Amritsar. While he was discharging his duties as JBT teacher the School was taken over by the Punjab Government w.e.f. 25.10.1966 by an order dated 29.11.1966. The service of the petitioner was also taken over by the aforesaid order. The relevant extract of the order is hereunder :- "OFFICE OF THE DISTRICT EDUCATION OFFICER, AMRITSAR Order No. 1E, 2E, 3E, 5E, 9E (Apptt. Taken Over)-66/70684-88 dated Amritsar, the 29th November, 1966. *** *** *** Sub : Taking over of National High School, Bhikhiwing and appointments. National High School, Bhikhiwind has since been taken over by the Government w.e.f. 25.10.1966 vide DPI Punjab's Memo No. 9805-pr-17/17-64Pr(n2) dated 25.10.1966. Till the services of the below mentioned officials are regularized, they are hereby appointed on temporary basis for a period of six months w.e.f. 25.10.1966, at the pay and grade given against each :- Sarvshri 1. Chanan Singh M.A.B.T. At Rs. 110/- in the grade of Rs. 110/250. 2. Jaspal Singh B.A.B.T. -do- -do- -do- 3. Didar Singh B.A., B.T. -do- -do- -do- 4. Faquir Chand OT/PBI at Rs. 72/- in the grade of Rs. 60/120. 5. Balwant Rai Drg. Teacher -do- -do- -do- 6. Sohan Singh JBT at Rs. 60/- in the grade of Rs. 60/175. 7. Surain Singh, PTI -do- -do- -do-" xx xx xx xx xx Sd/- District Education Officer, Amritsar."
(2.) As a result of his appointment in the education department of the State of Punjab, the petitioner was transferred from Bhikhiwind to Government Middle School, Bachiwind, Tehsil Ajnala, District Amritsar. He served there up to 30.6.1982 on which date he retired upon attaining the age of superannuation. The petitioner, therefore, discharged his duties with the State Government with effect from 25.10.1966 up to 30.6.1982. For this period of service, he claims that he is entitled to pension.
(3.) The petitioner submits that he visited the Block Primary Education Officer, Block Chogawan II as well as the District Education Officer (Primary) at Amritsar for completion of his service book and the grant of pensionary benefits. However, he was not granted the same. Ultimately he even served a legal notice under Section 80 of CPC in August 1991. A copy of the said notice has been appended as Annexure P-2 with this writ petition. Having failed to receive any response from the respondents, the petitioner filed a suit in November, 1991 seeking the grant of pension. The said suit, however, was dismissed by the trial Court with the following observations :- "The jurisdiction of the Hon'ble High Court as well as the Hon'ble Supreme Court of India in granting relief in such like cases is very wide but the jurisdiction of the civil Court in such like cases is very limited. In writ jurisdiction the law of limitation is not applicable while in a civil suit Limitation Act is applicable. If any case is not covered by any of the articles of the Limitation Act then the same will be covered by the residuary Article i.e. 113 of the Limitation Act which prescribes a period of three years for filing a suit or in other words if limitation is not prescribed regarding any kind of suit then the limitation for filing the suit would be governed by Article 113 of the Limitation Act. The limitation for filing the suit would be governed by Article 113 of the Limitation Act. The limitation for filing the present suit in a civil Court is three years from the date of retirement of the plaintiff. The suit of the plaintiff in such a case cannot be said to be within limitation. This issue is accordingly decided against the plaintiff.";