Dharam Lal Rawat vs State Of Haryana And Others on 17 November, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                 C.W.P. No. 17577 of 2009
                                        DATE OF DECISION : 17.11.2009

Dharam Lal Rawat

                                                           ... PETITIONER
                                  Versus
State of Haryana and others

                                                      ..... RESPONDENTS


CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL


Present:    Mr. D.S. Rawat, Advocate,
            for the petitioner.

                        ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner, who was working as Sanskrit Teacher in A.S.D.

High School, Narnaul (respondent No.4 herein), has filed the instant

petition for issuing direction to the respondents to revise his pension by

taking into account his entire service (from 8.5.1984 to 31.3.2006) with

respondent No.4 school as qualifying service, in terms of the instructions

dated 5.8.2008 (Annexure P-2).

It is the case of the petitioner that in terms of the aforesaid

instructions, the service rendered by him from 8.5.1984 to 1.1.1990, for

which period his Provident Fund was not got deposited, has also to be

counted towards the qualifying service. It is further case of the petitioner

that in this regard, a detailed legal notice dated 11.8.2009 has been served
upon the respondents, copy of which has been annexed as Annexure P-4,

CWP No. 17577 of 2009 -2-

but till date, neither the same has been decided nor pension of the petitioner

has been revised by taking into account the aforesaid period. Counsel states

that at this stage, the petitioner will be satisfied if a direction is issued to the

Director General School Education, Chandigarh (respondent No.2 herein) to

consider and decide the aforesaid legal notice, by keeping in view the

aforesaid instructions, within a reasonable time.

In view of the above, without issuing notice of motion as it will

un-necessary delay the matter, this petition is disposed of with a direction to

respondent No.2 to consider and decide the legal notice dated 11.8.2009

(Annexure P-4), in view of the instructions dated 5.8.2008 (Annexure P-2),

in accordance with law, within a period of three months from the date of

receipt of a certified copy of this order.

November 17, 2009                              ( SATISH KUMAR MITTAL )
ndj                                                     JUDGE