Ritu Bahri, J. - (1.) The petitioner is seeking a writ of certiorari for quashing the order dated 15.09.2014 (Annexure P -9) and for directing the respondent -State to release his pensionary benefits by counting the service rendered by the petitioner in Nehru College, Ajronda.
(2.) The petitioner was appointed in Nehru College, Ajronda, Faridabad as lecturer in Hindi & Sanskrit on 24.10.1968. He was confirmed on the said post vide letter dated 11.08.1970 (Annexure P -3). Later on, the said college was disaffiliated by the Punjab University w.e.f. 10.04.1973, therefore, it was closed down. Consequently, the petitioner was relieved from service vide order dated 14.04.1973 (Annexure P -4). In this background, he withdrew his provident fund. Thereafter, he was appointed in Dyal Singh College, Karnal vide order dated 14.08.1973 (Annexure P -5) as Lecturer in Hindi & Sanskrit w.e.f. 01.08.1973. He served in that college till his retirement on 30.06.1998 i.e. for 25 years. Both the above said colleges were privately affiliated colleges and were receiving grant in aid from the Haryana Government. The petitioner sent a representation dated 26.07.2013 (Annexure P -6) to the Director General, Higher Education, Haryana, making a request to count his previous service rendered in Nehru College, Ajronda w.e.f. 24.10.1968 to 09.04.1973 i.e. 4 years towards pension etc. He also gave an undertaking to deposit the amount of provident fund along with interest as per rules and regulations. The Principal of the second college i.e. Dayal Singh College, vide letter dated 10.02.2014 (Annexure P -8), sent the pension case of the petitioner to respondent No. 1 along with relevant documents. However, vide order dated 15.09.2014 (Annexure P -9), the case of the petitioner has been rejected on the ground that the same is not covered as per the provisions of Rule 2 (j) and 6 (V) of Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Rules, 1999 (for short '1999 Rules'), as amended by 2001 Rules.
(3.) Upon notice, written statement on behalf of respondent No. 1 has been filed, stating therein that vide notification dated 31.05.1999, the State Government had introduced the pension scheme for the first time to the employees working on aided sanctioned posts in the Non -Government Private Affiliated Colleges in the State of Haryana w.e.f. 11.05.1998, in lieu of Contributory Provident Fund. Prior to the introduction of Pension Scheme, 1999, the employees working in Non -Government Privately Managed Colleges were not entitled for any pensionary benefits. The benefit of Contributory Provident Fund had already been given to the petitioner as per Pension Rules. In this Pension Scheme, the benefit of commutation of pension and leave encashment has also been specifically denied. This Pension Scheme was further amended vide notification dated 24.01.2001. Relevant part of the aforesaid Scheme is reproduced as under: - "Section 2 (j) of the Pension Rules, 1999, defines the term "qualifying services" as under: - "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 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.";