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GULWANT SINGH versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

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Gulwant Singh v. State of Punjab & Ors - CWP-2894-2006 [2006] RD-P&H 2153 (30 March 2006)

CWP NO.2894 OF 2006 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CWP NO.2894 OF 2006

DATE OF DECISION: 18.4.2006

Gulwant Singh ..Petitioner.

Versus

State of Punjab and others ....Respondents.

CORAM: HON'BLE MR.JUSTICE J.S. KHEHAR
HON'BLE MR.JUSTICE P.S. PATWALIA

PRESENT: Ms. Alka Chatrath, Advocate for the petitioner.

J.S. Khehar, J. (oral)

The petitioner was inducted into the service of the Public High School, Bhangala, as a clerk on 1.2.1958. The aforesaid school, which was a private institution, was taken over by the State Government on 27.11.1978. Having rendered service under the Government, the petitioner retired on attaining the age of superannuation on 31.3.1985.

The petitioner was not allowed any pensionary benefits on account of the fact that he had not rendered adequate qualifying service under the Government at the time of his retirement.

Through the instant writ petition, the petitioner claims that the service rendered by him in the private institute, prior to his induction into the Government service, should be taken into consideration as qualifying service, so as to determine his pensionary benefits. For his aforesaid claim the petitioner has relied upon a decision rendered by a CWP NO.2894 OF 2006 2

Division Bench of this Court in Dev Dutt Kaushal V. State of Punjab and others (LPA No.1346 of 1991, decided on 21.10.1993).

It is not possible for us to accept the claim of the petitioner on the aforesaid decision rendered by this Court, on account of the fact that the order passed by this Court in the aforesaid LPA was set aside by the Apex Court in State of Punjab and others V. Dev Dutt Kaushal and others, AIR 1996 S.C. 85 In view of the above, it is not possible for us to accept the prayer made by the petitioner.

The instant writ petition is accordingly dismissed.

( J.S. Khehar )

Judge

( P.S. Patwalia )

April 18, 2006. Judge

vig


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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