- (1.) The facts of this case, as set out in the writ petition, are that the petitioner was appointed as Lecturer in English in D.A.V. College, Hassangarh, after following the due procedure of advertisement and selection, and he served there from October 14, 1974 to September 05, 1983 i.e for eight years and eleven months. The said College was on the verge of being closed. In the meantime, Chhotu Ram Kisan College, Jind (hereinafter referred to as C.R.K. College), advertised the post of Lecturer in English. The petitioner applied for the same through proper channel. He was called for interview and selected by the Selection Committee. He served there from September 06, 1983 to August 31, 2003 i.e for eighteen years and eleven months. He retired on August 31, 2003 after attaining the age of superannuation of 60 years. There was no break in service. The petitioner had been appointed in both the Colleges on aided sanctioned posts. The Colleges were affiliated with the University and were on the grant-in-aid list of the Government.
(2.) The petitioner had been given retiral benefits in respect of the service rendered by him in C.R.K. College, Jind. However, the service rendered by him in the D.A.V. College, Hassangarh, had not been reckoned with the service rendered in C.R.K. College, Jind for the purpose of grant of retiral benefits. The petitioner made representation dated December 12, 2003 (Annexure P-3) to the Higher Education Commissioner, Haryana, Chandigarh (respondent No. 1), for calculating his total service for the purpose of pension and gratuity. The petitioner sent another letter dated August 05, 2004 (Annexure P-6) to respondent No. 1 enclosing an undertaking therewith that he would deposit the amount of employer's share of Contributory Provident Fund (C.P.F) in respect of his service in D.A.V. College, Hassangarh, with 12 per cent interest.
(3.) Respondent No. 1, vide letter dated April 08, 2005 (Annexure P-7) rejected the claim of the petitioner on the ground that his case was not covered under Rule 6 of the Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Rules, 1999 as amended vide Notification dated January 24, 2001, by way of the rules called as Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Amendment Rules, 2001 (hereinafter referred to as 'the Rules') because the D.A.V. College, Hassangarh, where the petitioner was previously working, had been closed down and he had already drawn C.P.F (both shares). The petitioner again sent representation along with undertaking dated October 05, 2005 (Annexure P-8) to the effect that he was ready to deposit the management share of C.P.F amount in D.A.V. College, Hassanpur along with 12 per cent interest thereon upto the date of deposit, or as calculated by the office of respondent No. 1 and that the amount would be deposited out of his C.P.F amount of C.R.K. College, Jind, which was lying with the College. In response to Annexure P-8, Respondent No. 1 wrote letter dated November 30, 2005 (Annexure P-9) reiterating the stand as was conveyed to the petitioner vide letter Annexure P-7. In this petition, the petitioner has prayed for quashing of the orders (Annexures P-7 and P-9) with a further prayer that a direction be issued to the respondents to release his pensionary benefits by counting his service in D.A.V. College, Hassangarh, along with interest at the rate of 18 per cent per annum.;