LexSTATE OF PUNJAB versus DEV DUTT KAUSHAL ETC.
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A STATE OF PUNJAB v. DEV DUTT KAUSHAL ETC. AUGUST 28, 1995 B [B.P. JEEVAN REDDY AND G.N. RAY, JJ.) Se1vice Law. Pension--Computation of Qualifying period fm~Plivate Educational C Institution-No pension only contlibutmy provident fund-Institute taken over by State Govemment-By way of Gift deed-Application of Govemment Rules, specifically stipulated in the deed-College Staff Absorbed on the con- ditions specified in the deed-Neither the conditions of service in the College provides for pension nor the gift deed specifies the se1vice rendered in p1ivate college to be counted for the pwpose of pension-Under these circumstances, D E F G the respondent appointed in the p1ivate college-Continued in se1vice after Govemment take ove1~Retired, subsequently-Held, not entitled to pen- sion-As the se1vice rendered by him under the private management cannot be computed as qualifying service for receiving pension from the Government. Retirement-Age of superannuation-Private Educational Institute taken over by Govemment--Gift Deed executed by the Management-Existing teachers on take over by Govemment to be treated as "New entrants''-Staff of college absorbed by Govemment subject to conditions stipulated in the gift deed-Age of retirement in plivate college is 60 years but, in Govemment college it is 58 years-No protective clause in the gift deed regarding age of superannuation under Plivate Management-Held, not entitled to continue in service after 58 years. The respondent was a Lecturer in a Private Educational Institution which was taken over by the Government under a Gift Deed. The Service Conditions in the private College did not entitle any pension but only contributory provident fund to the Teachers on their retirement from service. The Management had agreed to the stipulated condition in the Gift Deed that the Government shall not accept any responsibility for the period prior to taking over of the College and that H the Teachers appointed under the Government shall be treated as "New 96 - STATE v. D.D. KAUSHAL 97 Entrants" and shall be governed by the rules and regulations of the A Government. The Respondent continued in service after such take over, and retired from service on attaining the age of 58 years, the prescribed age of superannuation under the Government rules. The Respondent was not granted any pension as his service under the Government was less than 10 years. B A Writ Petition which was dismissed by Single Judge in view of the terms and conditions of the Gift Deed was allowed by a Division Bench following the decision of this Court in N.N. Swamy's, case [1977) 2 SCR C 774 the correctness of which was questioned in these appeals. Allowing the Appeal, this Court HELD: 1. The age of retirement of the College Lecturers under the Government is 58 years. There is no clause or condition in the Gift Deed D preserving or saving the age of retirement prescribed in the Private College. The Lecturers had no right as such to be appointed under the Government. The Gift Deed repeatedly states that on such appointment they shall be treated as "new entrants" and shall be placed at the bottom of the seniority list, as on the date of absorption in the relevant grade or category and further in matters specifically provided, the Government rules and regulations and orders will apply and thus the claim for con· tinuance till the attainment of 60 years is not acceptable. [101-E-G] 2. According to Government rules, no Lecturer is entitled to pension unless he puts in ten years of service. Under the Private Management the Respondent was not entitled to pension but only to C.P.F. The Gift Deed does not specify that service rendered in the college while it was under the past private management shall also be counted, but instead states that the E F Government will not take any responsibility prior to take- over and the management will clear all liabilities. The Gift Deed expressly specifies the G only exemption to the rule of "new entrants" it recognised ·for the purpose of fitment in the appropriate scale of pay, their service in the said grade under the private management shall be taken into account. The gift deed ~ t provides expressly that in matters not expressly provided in the gift deed, the rules, regulations, instructions and orders issued by the Government shall apply. [101-H; 102-C; F-G; 103-A-B] H 98 SUPREME COURT REPORTS [1995) SUPP. 3 S.C.R. A
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