State Of Haryana And Others v. Sushila Goyat And Another





    
    

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  i.) That this offer will be optional and applicable only to those employees who agree to refund the Management Share (before the date of taking over the Colleges/Schools by the State Government alongwith 10% annual compound interest). This amount can be deducted from their gratuity and they will give an undertaking to this effect that if the amount of Contributory Provident Fund is more than gratuity payable to them, then the pensioners will deposit the excess amount in Govt. Treasure. That if a retired Govt. employee opts for this benefit he shall deposit the share of contribution made by the Management alongwith 10% annual compounded interest (upto the date of depositing), in lump sum in Govt. Treasury.

 That these benefits will be made effective in respect of the employees of the taken over Colleges/Schools from the date of Pension Scheme madė applicable in Private Aided

% Colleges/Schools i.e. with effect from 11-05-1998." = >







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6. I am conscious of the fact that in the cases of Harnandan Singh and Charan Singh (Supra), the school/Colleges where the services were rendered had been taken over subsequently by the Government and in this background, the Court had come to the conclusion that the service rendered in the aided school was required to be counted for the purpose of pension and retiral benefits. However, the ratio that can be culled out from these judgments and that of the Supreme Court is that if the service rendered in a privately managed school on an aided post is made pensionable, then that benefit can not be denied to him merely after appointment on a Government post on the ground that the service rendered was in a privately managed school. The plea is that if the service rendered by the petitioner in a Jat High School is made pensionable, then equity and fairness would demand that this should be counted towards his pension as well. 3 84
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