to the sanction granted for taking over the said institution. Reliance was also placed upon Rule 3.8 of the Punjab Civil Service Rules Vol.II (for short 'the Rules') and 3.12 of the Rules to plead that the petitioner was not a government servant prior to the taking over of the college and the service rendered by him in a private college, which was a non pensionable establishment, could not be counted towards his pensionary benefits. It was accordingly submitted that the petitioner was an employee of a private college and a non pensionable establishment and, therefore, not entitled for counting his prior service for the purpose of pension. Reliance was placed upon Annexure R-2, which are the terms and conditions laid down by the Government to take over privately managed schools and that teachers were to be treated as fresh entrants and they were to be placed at the bottom of teachers' cadre. It is further submitted that the petitioner had given undertaking to this effect at the time of taking over. The pension case of the petitioner was submitted to respondent no. 3 alongwith calculations which provided that service from 14.06.1982 to 31.01.1995 was to be taken into consideration and proposed pension was 890/- and proposed gratuity was 29,375/-. Respondent no. 3, however, sanctioned the pension on the basis of pension form submitted by the petitioner and the Principal, Government College, Hisar. When the matter came to the notice of the department, request had been made to rectify the mistake. The petitioner had also given a declaration (Annexure R-4) that he would refund the amount paid to him in excess of what he may be found entitled. The petitioner had not been denied the payment of GPF, GIS and encashment of earned leave and, therefore, he was only entitled for the pensionary benefits as per the service rendered from 14.06.1982. The total amount under this heading was 96,616/- out of which, recovery had been made due to over payment of 60,373/- and balance of `35,242 was to be paid to the petitioner.
