Jaswant Singh, J. - (1.) The petitioner was recruited as Lecturer in Political Science and worked against the aided post from 22.08.1970 to 31.05.1974 with Guru Nanak College, Kala Afgana, Gurdaspur (respondent No.3), a Govt. Aided Private College. The said College was taken over by the Punjab Government on 01.06.1974, pursuant to a Gift Deed dated 27.05.1974 (Annexure R-1), executed between the Management of the College and the Government. The petitioner, in compliance of the terms of Clauses 5 and 7 of the Gift Deed (R-1), was treated as a fresh entrant in the government service as Lecturer in Political Science. He is stated to have retired on 31.05.2004 on attaining the age of superannuation from the same rank.
(2.) The claim of the petitioner is for counting of the service rendered with the Aided College towards grant of pensionary benefits. The claim has been rejected vide impugned order dated 18.05.2012 (Annexure P-5) on two grounds:- (i) that as per the terms of the Gift Deed, the previous service of the petitioner was not to count towards grant of any benefit and he was accordingly treated as fresh entrant in government service (ii) that the previous service with the Aided Colleges was not pensionable.
(3.) Learned Counsel for the petitioner had relied upon the Punjab Privately Managed Affiliated and Punjab Government Aided Colleges, Pensionary Benefits Scheme, 1996 (for short "1996 Scheme") to urge that the previous service in the Aided College had become pensionable under the 1996 Scheme, therefore, was liable to be counted for grant of pensionary benefits. Secondly, it is argued that the judgment of Hon'ble Supreme Court reported as State of Punjab Vs. Dev Dutt Kaushal, 1996 AIR(SC) 85 relied upon by the Authorities to deny the previous claim on the basis that the same was not part of the terms of the Gift Deed is distinguishable as at the relevant time of rendering the decision, the 1996 Scheme was not in operation.;