Santa Singh and others vs State of Punjab and others

K. Kannan, J.—All the three writ petition Nos. CWP 1663, 1662 and 9296 are connected and disposed of by a common order. The petitioners seek for computation of service in a privately managed School which was fully aided and which was later taken over by the State. This aspect was considered by this Court earlier in Mohinder Singh Vs. State of Punjab and Others, where the Court held that the respondents were bound to count the service rendered by the teacher in a privately managed School and calculate the retiral benefits to such a person by counting service in the earlier School. Here also the contention made is that all the petitioners were teachers in service in District Board Schools before the Schools were taken over by the Government. In terms of the judgment in Kesar Chand Vs. State of Punjab and Others, and the law laid down in CWP No. 13348 of 1991, the case was adjourned originally to await the decision of the Supreme Court in the appeal said to have been filed against the judgment in Mohinder Singh''s case (supra). The Registry has reported that the case details are not available. The parties are unable to give details. On the principle of law which is enunciated in Mohinder Singh''s case, which I believe still holds field, the petitioners are entitled to count the years of service in District Board Schools to be counted also for the service in the subsequently taken over establishment by the State.

All the petitioners are stated to have been superannuated. All the terminal benefits shall be re-worked by calling for information for the length of service in the District Board Schools and be also added to the service in the government Schools within a period of twelve weeks and release the benefit with interest at 6% per annum from the date when it fell due to the date of payment. The writ petition is allowed on the above terms.