Dhansi Ram vs State of Haryana and Others

Tejinder Singh Dhindsa, J.—Learned counsel for the parties have been heard at length. The petitioner joined service with Shri Krishna College, Kanwali, District Rewari on the post of Peon w.e.f. 1.7.1976. At that point of time, such College was a State Aided and Affiliated College. The College was taken over by the State Government on 22.6.1992 and, accordingly, the petitioner became an employee of the SK Government College, Kanwali w.e.f. 23.6.1992. He retired from service on 28.2.2005 i.e. upon attaining the age of superannuation. In the light of order dated 23.8.2011, Annexure P5, the period of service from 1.1.1980 to 22.6.1992 that the petitioner had rendered in the College prior to its take over, has been counted for the grant of pensionary benefits. The present writ petition has been filed impugning the action of the respondent-authorities in denying to the petitioner the benefit of service for the period 1.7.1976 to 31.12.1979 towards qualifying service for computation of pensionary benefits.

The claim of the petitioner would require examination in the light of the Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Rules, 1999 (for short "1999 Rules"). Rules 2(j) and 6 of 1999 Rules would be relevant and the same read in the following terms:

Rule 2(j) - "Qualifying Service"

Means the service that qualifies for pension under these rules. It shall be reckoned in terms of completed half years, provided that the fraction equal to three months and above shall be treated as completed half year. However, the qualifying service will be taken into account with effect from the date an employee starts contribution towards Contributory Provident Fund.

...

"Rule 6 - "Qualifying Service"

The service of an employee shall qualify for retirement benefits under these rules as under:

i) Service rendered on attaining the age of 18 years on approved post and admitted for grant-in-aid.

ii) The service rendered uptil the attainment of superannuation age of sixty years.

iii) The leave admissible under the Haryana Affiliated Colleges (Security of Service) Rules, 1979 and under instructions issued by the Government from time to time, excluding the leave without pay and period of suspension, overstayal or leave not subsequently regularised and period of break in service.

A bare reading of Rule 2(j) of 1999 Rules which defines qualifying service would make it apparent that the qualifying service will be taken into account with effect from the date an employee starts contribution towards Contributory Provident Fund. It is such qualifying service as defined under Rule 2(j) that is to be reckoned while reading Rule 6 of 1999 Rules.

The State Government issued memo dated 29.8.2007, Annexure P1, on the subject of counting of service rendered in private Colleges prior to taking over by the State Government. Under such memo dated 29.8.2007, the sanction was accorded to count past service towards pensionary benefits to the staff of the erstwhile private Colleges taken over by the State Government subject to the condition that such staff who were contributing towards Contributory Provident Fund would have to deposit the share of the contribution made by the Management along with 10% annual compounded interest (upto the date of depositing) in lump sum in Government Treasury.

Admittedly, the petitioner started depositing his share of Contributory Provident Fund w.e.f. 1.1.1980. Accordingly, he was called upon to deposit an amount of Rs. 88,150/- which he had received as Contributory Provident Fund (Management share) as also an amount of Rs. 2,275/- towards interest component. The petitioner has deposited the afore-noticed amount. On such basis, the service rendered by the petitioner for the period 1.1.1980 to 22.6.1992 in a private College prior to the same having been taken over by the State Government has been counted towards qualifying service for grant of pensionary benefits.

The submission raised by Mr. K.L. Arora, learned counsel for the petitioner that even the service rendered for the period 1.7.1976 to 31.12.1979 can also be taken into account for grant of pensionary benefits on the basis that the petitioner would be willing to deposit the employer share of Contributory Provident Fund for such period cannot be accepted. The scheme of 1999 Rules does not permit such course of action to be followed. The language of Rule 2(j) is unambiguous and is couched in clear and categoric terms. Even though it is well settled that a beneficial piece of legislation would call for a liberal interpretation, but it would not be open for the Courts under the garb of "compassion and equity" to expand the application of a provision in a beneficial piece of legislation by resort to judicial interpretation to a level un-intended by the Legislature and to thereby extend the benefit which is not even permissible under the statutory provision. Reference in this regard can be made to the decision of the Hon''ble Apex Court in Regional Director, Employees'' State Insurance Corporation, Trichur Vs. Ramanuja Match Industries, , wherein it had been observed as follows:

10... We do not doubt that beneficial legislations should have liberal construction with a view to implementing the legislative intent but where such beneficial legislation has a scheme of its own there is no warrant for the Court to travel beyond the scheme and extend the scope of the statute on the pretext of extending the statutory benefit to those who are not covered by the scheme.

For the reasons recorded above, I find no infirmity in the action of the respondent-authorities in having limited the benefit of pensionary benefits by taking into account the qualifying service rendered by the petitioner in the private College prior to take over by the State Government w.e.f. 1.1.1980 to 22.6.1992 i.e. with effect from the date the petitioner had started making his contribution to the Contributory Provident Fund. The writ petition is dismissed. However, it is observed that since the petitioner has already deposited the employer share towards Contributory Provident Fund along with interest, the pensionary benefits, if not already released for such period i.e. 1.1.1980 to 22.6.1992, shall now be released forthwith. Petition dismissed.