Citation : 2023 Latest Caselaw 13914 P&H
Judgement Date : 23 August, 2023
Neutral Citation No:=2023:PHHC:110093
COCP-4308-2019 (O&M) -2-
[Neutral Citation No.2023:PHHC:110093]
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
COCP-4308-2019 (O&M)
Date of decision: 23.08.2023
Anari Devi and another ...Petitioners
Versus
Mahavir Singh and another ...Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present:- Mr. Akash Lather, Advocate for
Mr. Vijay Pal, Advocate
for the petitioners.
Mr. Amit Kumar Aggarwal, DAG, Haryana.
ARVIND SINGH SANGWAN, J. (Oral)
The petitioners are alleging violation of the order dated
22.09.2011, passed by this Court in CWP-15413-1989, vide which, the
following directions were issued:
"2. In terms of the judgment in the above said LPA No.1317 of 2009, the petitioners would restrict their claim to terminal benefit only to the claim for pension as referred to above. All the writ petitions are allowed in so far as they relate to the claim for pension by having the service period of privately aided schools to be counted along with the period in government service obtained later. The petitioners would also have the benefit of 6% interest on the arrears in the manner granted by the Division Bench in the aforesaid LPA."
Learned State counsel has placed on record a copy of the office
order dated 03.02.2022, passed by the Director General, Secondary
Education, Haryana, to submit that in compliance with the order passed by
this Court, necessary sanction has been accorded to count the services of
Govind Swaroop Sharma and Shyam Sunder Sharma rendered in the aided
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Neutral Citation No:=2023:PHHC:110093
COCP-4308-2019 (O&M) -2-
[Neutral Citation No.2023:PHHC:110093]
school, i.e. Janta Higher Secondary School Kund, District Rewari, for the
period from 29.07.1952 to 17.01.1962 and 16.08.1959 to 17.01.1962,
respectively, towards pensionary benefits provided they will deposit the
management share along with 10% annual compound interest in
Government Treasury upto date of the deposit and they will be entitled to
the benefit of 6% interest on the arrears.
Learned State counsel further submits that as per
communication, petitioner No. 1 Anari Devi has died and the affidavit of
her legal heirs is still pending and on receiving the same, the payment will
be made.
It is further submitted that two installments have already been
released and the Treasury Officer, Rewari has sent the case of revised
pension to the State Bank of India, Rewari and the payment will be made by
the said Bank.
Learned State counsel further submits that the needful will be
done within a period of one month from today, subject to furnishing
requisite certificates/affidavits by the legal heirs of petitioner No. 1-Anari
Devi.
In view of the above, learned counsel for the petitioners
submits that this petition may be disposed of, at this stage.
Ordered accordingly.
Rule stands discharged.
23.08.2023 (ARVIND SINGH SANGWAN)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:110093
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