Judgment Satish Kumar Mittal, J. 1. The petitioner, who retired as Assistant Librarian on attaining the age of superannuation on 31.8.1998 from Ahir College, Rewari, a non-Government Aided Private College, his filed the instant petition for directing the respondents to grant him pension gratuity and other retiral benefits, under the Haryana Affiliated Colleges (Pension and Contributory Provident Fund) Rules, 1999 (hereinafter referred to as `the Pension Rules), which were made applicable with effect from 11.5.1998, by treating his continuous and regular service with effect from 16.5.1972 to 31.8.1998, as qualifying service. 2. In the present case, the factual position is that the petitioner was appointed as Library Restorer on 16.5.1972 in Ahir College, Rewari. He was confirmed on the said post on 16.5.1977. At that time, the said college was receiving the grant-in-aid from the Government. Subsequently, in the year 1979, the Managing Committee of the college, vide resolution dated 25.3.1979, decided not to receive any grant-in-aid from the Government. After about 10 years, the Managing Committee of the college again in applied for grant-in-aid on 16.7.1988. After consideration, the State Government granted the grant-in- aid to the said college with effect from 1.7.1991. It is undisputed position that as far as the post of the petitioner is concerned, the State Government released the grant-in-aid only with effect from 16.5.1977 to 28.2.1979 and thereafter from 1.7.1991 to 31.8.1998. It is also undisputed position that the C.P.F. contribution in respect of the petitioner was started to be deducted from the date of his confirmation i.e. 16.5.1977 as per rules, and it continued till the date of his retirement. 3. In the present case, the case of the petitioner is that the regular service rendered by him with effect from 16.5.1977 to 31.8.1998 should be treated as qualifying service for the grant of pension and other retiral benefits under the provisions of the Pension Rules, which were made applicable with effect from 11.5.1998, i.e. prior to the date of his retirement. 4. 4. In the written statement, filed on behalf of respondents No. 1 and 2, it has been stated that in view of Rules 2 (a), 2 (j) and 6 of the Pension Rules, only the service rendered by an employee on aided sanctioned post in the aided college, for which C.P.F. contribution has been deducted and deposited with the State Government is to be counted for the purpose of qualifying service for grant of pensionary benefits, as specified in the Pension Rules. Since the qualifying service of the petitioner is to be counted with effect from 16.5.1977 to 28.2.1979 and 1.7.1991 to 31.8.1998, which comes to only 8 years and 11 months. According to Rule 8 of the Pension Rules, only an employee who has compled 10 years of qualifying service is entitled for pension. Therefore, no pension can be granted to the petitioner. However, it has been stated that as per Rule 13 of the Pension Rules, which provides that where the qualifying is service is less than ten years the amount of service gratuity. shall be appropriate amount as set out in the table annexed at Annexure I and no pension shall be granted to him. It is stated that as per the said Rule, an amount of Rs. 33,853/- has been released to the petitioner on account of gratuity. Besides that, an amount of Rs. 85/- on account of C.P.F. (Employees share) has also been released to the petitioner. However, it is stated that the petitioner is not entitled for pension. 5. I have heard learned counsel for the parties and have gone through the petition as well as the written statement and also the rejoinder. 6. It is admitted position that services of the employees working Non- Government Aided Colleges in the State of Haryana are governed by Haryana Affilliated Colleges (Security of Service) Act, 1979 and an rules framed thereunder. The State Government, vide notification dated 31.5.1999, introduced a pension scheme first time for the employees working on the aided sanctioned posts, in the Non-Government Private Aided Colleges in the State of Haryana with effect from 11.5.1998, in lieu of C.P.F. employer share. Prior to the introduction of the Pension Scheme, the employees working, in Non-Government Private Aided Colleges were not entitled for any pensionary benefits. Rather they were being given the benefit of Contributory Provident Fund as per their service rules. Prior to the introduction of the Pension Scheme, the employees working, in Non-Government Private Aided Colleges were not entitled for any pensionary benefits. Rather they were being given the benefit of Contributory Provident Fund as per their service rules. The special pension scheme introduced by the Pension Rules is distinct from any other scheme existing in other Government/Semi Government organizations. In these Pension Rules, the benefit of commutation of pension and leave encashment has been specifically denied. Under these Rules. a confirmed employee having the requisite qualifying service on the aided sanctioned, post in the aided college is entitled for pension. Rule 2 (a) of the Pension Rules defines the term "aided" sanctioned post" as the post for which grant-in-aid is allowed by Higher Education Directorate, Haryana. Rule 2 (j) defines the term "qualifying service" as 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. It is further clarified that the qualifying service will be taken into account with effect from the date an employee starts contribution towards Contributory Provident Fund. Rule 6 of the Pension Rules further provides as under : "6. Qualifying Service - The Service of an employee shall qualify for retirement benefits under the alse rules as under :- (i). The service rendered on attaining the age of 18 years on approved post admitted for grant-in-aid. (ii) The service rendered uptill 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 of leave not subsequently regularised and period of break in service. (iv) Service rendered in one or more private affiliated colleges, receiving grant-in-aid under the same management. (v) Service rendered on aided sanctioned post in any aided college in the State of Haryana. (iv) Service rendered in one or more private affiliated colleges, receiving grant-in-aid under the same management. (v) Service rendered on aided sanctioned post in any aided college in the State of Haryana. Provided that the official has been appointed through proper channel on aided sanctioned post and the approval of continuity of service has been obtained from the Director : Provided further that the Contributory Provident Fund account of the employee in the previous college continued as such in the subsequent college to which he is transferred or appointed and there is no break in service or the service condition as modified by the Government from time to time. 7. Counsel for the petitioner argued that Rule 2 (j) of the Pension Rules provides `Qualifying Service means the service that qualifies for pension under these rules. According to learned counsel, Rule 6 will not be applicable and the entire service period for which the C.P.F. contribution was deducted from the salary of the petitioner is liable to be taken as qualifying service. This contention of the learned counsel for the petitioner cannot be accepted. Rule 5 provides that the following retirement benefits shall be admissible under these rules : (1) Pension :- (a) Superannuation Pension; (b) Invalid pension; (c) Compensatory pension; and (d) Voluntary Retirement pension/compulsory retirement pension. (2) Death-cum-retirement gratuity. (3) Service gratuity. (4) Family gratuity. Therefore, contention of the petitioner that Rule 6 is applicable with regard to the retirement benefits and not with regard to pension cannot be accepted. As per the aforesaid rules, only an employee who is working in an aided college for which C.P.F. contribution has been deducted and deposited with the State Government is entitled for pension. Thus, two conditions must be fulfilled for grant of pension to an employee who has requisite qualification of 10 years, firstly the employee must be working on the sanctioned aided post and secondly his C.P.F. contribution must have been deducted and deposited with the Government. Undisputedly, in the present case, though the C.P.F. contribution has been deducted and deposited with the State Government in respect of the post of the petitioner from 16.5.1977 to 31.8.1998, but admittedly, Ahir College, Rewwri, had received the grant-in-aid with effect from 16.5.1977 to 28.2.10 and from 1.7.1991 to 31.7. 1998. Therefore, only that period is to be counted for determining the qualifying service, which comes to 8 years 11 months. 1998. Therefore, only that period is to be counted for determining the qualifying service, which comes to 8 years 11 months. In my opinion, the petitioner cannot be given any benefit of his service towards the qualifying service for the purpose of pension for the period from 1.3.1979 to 30.6.1991. During that period, Ahir College, Rewari did not receive any grant-in-aid. Since the qualifying service of the petitioner for the purpose of pension is less than 10 years, therefore, as per Rule 13 of the Pension Rules, he is not entitled for any pension. In view of the above, there is no merit in the instant writ petition and the same is, hereby, dismissed. Petition allowed.