Ritu Bahri, J. - (1.) The petitioners are seeking quashing of the order dated 16.4.2012 (Annexure P -15/A) vide which respondent no.2 had declined to count the services rendered by the petitioners in Govt. aided private College, namely D.A.V College, Hassangarh as qualifying service towards pension/leave encashment/gratuity etc.
(2.) Both the petitioners served as lecturers in DAV College, Hassangarh. Petitioner no.1 served this College from 16.7.1972 to 31.7.1984 and petitioner no.2 from 25.7.1973 to 31.7.1984. DAV College, Hassangarh was closed on 31.7.1984. The Govt. took a decision to adjust the surplus staff of the privately managed colleges in other privately managed colleges run by the State. Petitioner no.1 was adjusted in CRK College, Jind w.e.f. 6.9.1985 vide letter dated 11.1.1986 (Annexure P -5). His last pay drawn at DAV College, Hassangarh was protected vide letter dated 9.1.1987 (Annexure P - 6). Petitioner no.2 was adjusted in Indira Gandhi National College, Ladwa (Dhanora) as lecturer in Hindi vide letter dated 9.12.1986 (Annexure P -7). His appointment was approved by the Kurukshetra University vide letter dated 29.1.1987 (Annexure P -8). His last pay drawn at DAV College, Hassangarh was also protected vide letter dated 19.6.1987 (Annexure P -9).
(3.) The petitioners along with their one colleague namely, S.B Ruhil filed a CWP No. 3214 of 2002 in this Court for counting previous services rendered by them in Govt. aided private college namely D.A.V College, Hassangarh towards senior/selection grade. The said writ petition was allowed by this Court vide order dated 14.11.2002 (Annexure P -10) and the department was directed therein to count the services rendered by them in Govt. aided private college, Hassangarh for the purposes of Senior Scale and placement of Selection Grade after 8 and 16 years of services. Directions regarding payment of arrears to the petitioners were also made. Aggrieved against the order of this Court, the department preferred a special leave petition but the same was dismissed vide order dated 10.3.2010 (Annexure P -11). Meanwhile, both the petitioners retired from their services on 31.8.2006 and 28.2.2009 respectively after attaining the age of superannuation. Petitioner no.1 was informed by the office of respondent no.2 that services rendered by him in DAV College, Hassangarh has not been counted as qualifying service towards pensionary and other retiral benefits vide letter dated 26.8.2011 (Annexure P -12). The petitioner made his representation on 28.9.2011 (Annexure P -13). Thereafter upon legal notice dated 18.11.2011 (Annexure P -14) respondent no.2 declined to count the services rendered by the petitioners in DAV College, Hassangarh vide order dated 16.4.2012 (Annexure P -15/A).;