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High Court of Punjab and HaryanaCOCP/891/2018dismissed

Davinder Partap & ANR v. Jyoti Arora Ias And ANR

2018-03-14Mrs. Justice Raj Rahul Garg2 pages

COCP 891/2018 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 891/2018 (O&M) Date of decision:14.03.2018.

Davinder Pratap and another ..............Petitioners v.

Jyoti Arora and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Ranjit Saini,Advocate for the petitioner Jaswant Singh,J,(Oral).

Petitioners are working as Teachers in a privately managed aided College. By virtue of scheme introduced in the year 1999, the employees including the petitioners were extended the benefit of grant of pension. The prayer of the petitioners for counting probation period of two years towards qualifying service for pension was denied on the ground that they had not contributed the employee's share towards Contributory Provident Fund.

This Court vide order dated 5.1.2016 disposed of CWP 8441/2015 filed by both the petitioners with the direction to the petitioners to deposit the employee's share for the two years' probation period and thereafter would be entitled to revised pension. The permission was granted to the employer to deduct the aforesaid amount and adjust towards outstanding claims.

The grievance of the petitioners is that the respondents while extending such benefit have claimed interest @ 12% on the said amount for Rajinder Parshad Joshi 2018.03.15 11:37 I attest to the accuracy and integrity of this document

COCP 891/2018 (O&M) the two years' probation period and thereafter released the pension. It is urged that no interest can be imposed.

At the time of hearing realizing that the contempt would not be maintainable, counsel seeks permission to withdraw the instant petition to enable the petitioners to seek appropriate remedy in accordance with law. Dismissed as withdrawn with liberty aforesaid. 14.03.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.03.15 11:37 I attest to the accuracy and integrity of this document