- (1.) The petitioner worked in the Arya Senior Secondary School, GT Road, Panipat, which is a privately managed Government Aided School. He worked against the sanctioned post of Hindi teacher for the period from 6.8.1984 to 19.11.1993,. It also comes out that on 19.11.1993, the petitioner resigned from the said post of Hindi teacher, vide resignation letter dated 19.11.1993 (Annexure-R-1), stating that on his selection as Hindi lecturer in the Government service, he resigns from the said post. The resignation was accepted on 20.11.1993. Thereafter, he joined as lecturer of Hindi in the Government Senior Secondary School, Khanpur Kalan, Sonipat, on the next day i.e. 20.11.1993. The petitioner had retired from service with effect from 30.4.2008. On 9.2.2011, the Government issued instructions for counting the service rendered in the Government aided establishments towards grant of pension and gratuity. The petitioner has now approached this Court by way of filing the present writ petition, praying that his service rendered in the Arya Senior Secondary School, Panipat, be counted as a qualifying service for the grant of pension and gratuity.
(2.) The State, in the reply, has taken the stand that the petitioner had resigned from his previous service, therefore, his service cannot be counted as a qualifying service for the purpose of grant of pension and gratuity etc. It was stated that under the service rules, the Government was required to pass a speaking order, which it has passed rejecting the claim of the petitioner. I have heard the learned counsel for the petitioner, the learned State counsel and have also carefully gone through the file.
(3.) The policy of the Government dated 9.2.2011, is reproduced as under :- " Finance Department observes that the benefits of Pension and Gratuity has already been allowed to the employees of Govt. Aided Establishments w.e.f. 11 May, 1998. Now it has been decided that the service rendered by them in Govt. Aided establishments be considered as a qualifying service for the purpose of calculation of pension because in both these establishments those are Aided School/Colleges and Govt. School/Colleges the benefits of pension and gratuity is available under the provisions of service rules. However the same benefit will admissible only to those employees who were covered and the service rules and are entitled to the benefit of the Pension under the provisions of the Haryana Aided Schools (Pension and Contributory Provident Fund) Rules 1999 and Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Rules 1999." Undisputedly, a verification was sent by the Principal, Arya Senior Secondary School, Panipat, to the Principal, Government Senior Secondary School, Khanpur Kalan, Sonipat, on 21.9.2011 (Annexure-P-5), verifying his service from 6.8.1984 to 19.11.1993 on the sanctioned post of Hindi teacher. Thereafter, on 10.10.2011 (Annexure-P-8), another certificate was issued, stating that the petitioner worked as Hindi teacher on sanctioned post from 6.8.1984 to 19.11.1993. The service book was also sent to the Principal, Government Senior Secondary School, Khanpur Kalan, Sonipat, stating that they have no objection regarding revised pension. Vide another letter dated 12.10.2011 (Annexure-P-9), the calculation sheet was also sent by the Principal, Arya Senior Secondary School, Panipat, to the Principal, Government Senior Secondary School, Khanpur Kalan, Sonipat. I am of the view that the resignation relied upon by the State is a technical resignation. The petitioner resigned from Arya Senior Secondary School on 19.11.1993 as Hindi teacher and joined as lecturer in Hind in the Government Senior Secondary School, Khanpur Kalan, Sonipat, the next day i.e. 20.11.1993. Otherwise, he could not leave the previous service. In this way, the case of the petitioner is covered under the policy of the Government dated 9.2.2011. These instructions were followed by another instructions of the Government dated 31.5.2011 (Annexure-R-II).;