State of Punjab and Others vs Harbans Singh Gill

Respondents herein were teachers in private schools. Subsequently, those private Higher Secondary Schools were taken over by the Punjab Government. Thereafter, it became the liability of the State Government to pay salary to the teachers employed in such institutions. Subsequently, the Respondents retired from service. Since they had put in less than 10 years of service the Appellants declined to give pensionary benefits to them. Under such circumstances, they filed a petition under Article 226 of the Constitution before the Punjab and Haryana High Court. The High Court without giving any opportunity to the Appellants to file any written statement allowed the Writ Petition in the light of a decision rendered by a co-ordinate bench of that Court in the case of State of Punjab and others Vs. Dev Dutt Kaushal and etc. etc., and directed the Appellants to pay pension to the Respondents. It is in this way the Appellants are in appeal before us.

Learned Counsel brought to our notice that the decision relied upon by the High Court has been set aside by this Court in the case of State of Punjab and others Vs. Dev Dutt Kaushal and etc. etc., . We have perused the judgment and find that the decision relied upon by the High Court in allowing the Writ Petition of the Respondents has been reversed by this Court. Under such circumstances, the appeals deserve to be allowed. The judgment under appeal, therefore, is set aside. The appeals are allowed. No costs.

Before we part with the case, we make a mention that if the State of Punjab frames any scheme with respect to the retired teachers of the schools, this judgment would not come in their way.