VIKRAM VISHWAVIDYALAYA SAVANIVRATA KARMACHARI SANGH, UJJAIN v. GOVERNOR OF MADBYA PRADESH AND CHANCELLOR OF MADHYA PRADESH, UNIVERSITIES
1997-08-07
A.R.TIWARI
body1997
DigiLaw.ai
A. R. TIWARI, J. ( 1 ) - Vikram Vishwavidyalaya Sovanhrata Kannachari Sangh, Ujjain (Registered under the M. P. Societies Registration Act), through its Secretary and six others have filed this writ petition under Article 226 of the Constitution of India for the undemoted relief; (a) Direct the respondents to give the benefits of the Pension and Gratuity scheme as applicable to the Employees of State Government under the pension and Gratuity Rules of M. P. 1976 to the petitioners and other similarly placed persons of the Vikram University who have retired on or after 1-12-1973, the date when the Statute No. 26 of the Vikram university, Ujjain came into force by an appropriate writ, order or direction ; (b) Award costs of the petition to the petitioners ; and (c) Pass such further order (s) as may be deemed appropriate in the facts and circumstances of the case to grant relief to the petitioners. ( 2 ) RESPONDENT No. 4 has filed the return in oppugnation. ( 3 ) HEARD Shri A. M. Mathur, learned senior Counsel with Shri V. P. Saraf, for the petitioners; Shri BX. Pavecha, learned senior Counsel with Shri Sunil Jain, for respondent No. 1; Shri Vinay Zelawat, learned Government Advocate for respondents no. 2, 4 and 5 and Shri L. P. Bhargava, learned senior Counsel with Shri S. R. Bhargava, for the respondent No. 3. ( 4 ) THE authority has given benefits of pension and gratuity scheme as applicable to the employment of State Government under the Pension and Gratuity rules of M. P. , 1976 effective from 1-4-1967 (Annexure R / 3 ). Petitioners have demanded that this benefit should be extended to the petitioners and similarly situates employees of Vikram University who have retired on or after 1-12-1973, which is the date when the Statute No. 26 of the Vikram University, Ujjain came into force. ( 5 ) THE core question is whether the date 1-4-1987 is liable to be retrojected to 1-12-1973. The Counsel for the respondents submit that the identical question of 1-4-1987 has been considered and answered by this Court in favour of the respondents in Prof. R. K. Shrivastava and others v. Dr. Hansingh Gaur Vishwavidyalaya Sagar and others, Misc. Petition No. 868 of 1991 and Dr. Prabhat Chandra v. Rani Durgavati vishwavidyalaya, Jabalpur and another, 2425 of 1990 on 10-10-Z996.
R. K. Shrivastava and others v. Dr. Hansingh Gaur Vishwavidyalaya Sagar and others, Misc. Petition No. 868 of 1991 and Dr. Prabhat Chandra v. Rani Durgavati vishwavidyalaya, Jabalpur and another, 2425 of 1990 on 10-10-Z996. The Counsel for the respondents have also placed relianace on Slate of Rajasthan and another v. Amritlal Gandhi and others, 1997 (2) SCC 342 , and contended that cut off date for introducing a pension scheme is required to be fixed on consideration of several factors. One factor is about the paying capacity. The Counsel thus submitted that date fixed as 1-4-1987 is not liable to categorised as arbitrator or unreasonable. ( 6 ) IN view of the common judgment passed this Court in the aforesaid two petitions, Counsel for the petitioners was unable to urge anything substantial in favour of the relief claimed in this petition. ( 7 ) THE grant of benefit effective from 1-4-1987 is not found to be arbitrary or unreasonable. The cut-off date is properly fixed. The date is not liable to be retrojected to 1-12-1973. No material is placed on record for such alteration. The , common judgment passed by this Court on 10-10-19% and the aforesaid authority of. the Apex Court clinch the issue against the petitioners. ( 8 ) NOTHING survives for adjudication in the light of the aforesaid decisions. ( 9 ) IN the result, I have no option but to dismiss the this writ petition as devoid of merit ( 10 ) THE petition is accordingly dismissed but with no order as to costs. ( 11 ) SECURITY amount, if deposited, be refunded to the petitioners after due verification. Petition dismissed. .