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Allahabad High Court · body

2001 DIGILAW 576 (ALL)

P. D. HAJELA v. CHANCELLOR/governor

2001-05-25

M.KATJU, R.B.MISRA

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M. KATJU, J. ( 1 ) HEARD learned counsel for the petitioner, Sri Neeraj Tripathi for the Chancellor, learned standing counsel for respondent Nos. 2 and 4 and also Dr. R. G. Padia learned counsel for the respondent No. 3. ( 2 ) THIS writ petition has been filed for a mandamus directing the respondents to grant pensionary benefit to the petitioner. ( 3 ) THE petitioner was appointed as permanent Lecturer in the Department, of Economics in. Allahabad University on 11. 8. 1947 and continued there till 24. 11. 1971, i. e. , for about 25 years and thereafter he joined Punjabi University at Patiala. Thereafter petitioner was appointed vice-Chancellor of Allahabad University and Sagar University and also served in various institutions of National importance, viz. , Indian Council for Social Science Research, U. G. C. . H. P. A. and J. A. M. R. etc. upto November, 1993. ( 4 ) THE State Government Issued a G. O. dated 24. 12. 1983 copy of which is Annexure-1 to the petition granting pensionary benefits to University teachers of State Universities who retired on or after 1. 1. 1984. The State Government thereafter to give pensionary benefit to teachers who retired even before 1. 1. 1984 issued G. O. dated 3. 1. 1993 vide Annexure-2 to the petition. ( 5 ) THE Executive Council of the Allahabad University vide resolution dated 3. 3. 1994 had resolved to treat the resignation of teachers of Allahabad University submitted earlier as voluntary retirement in order to give the pensionary benefits to teachers who even resigned. True copy of the resolution is Annexure-3 to the petition. ( 6 ) IN paragraph 6 of the petition, it is stated that other teachers who were similarly situate as the petitioner, e. g. . Prof. A. B. Lal and Prof. A. D. Pant were given pensionary benefits although these teachers had resigned before the due date of retirement. Prof. A. B. Lal resigned and had become Vice Chancellor of Rajasthan University and A. D. Pant had resigned and became director of G. B. Pant. Social Science Institute. Similarly in paragraph 7 of the petition, it is mentioned that Prof, D. N. Sinha of Psychology and Prof. L. R. Singh resigned before the year 1984 and had been given pensionary benefits with back date from the respective date on which they had resigned. Social Science Institute. Similarly in paragraph 7 of the petition, it is mentioned that Prof, D. N. Sinha of Psychology and Prof. L. R. Singh resigned before the year 1984 and had been given pensionary benefits with back date from the respective date on which they had resigned. ( 7 ) IN paragraph 9 of the petition, it is stated that Prof. L. R. Singh who joined the University in the year 1957 resigned in the year 1978 and was granted pensionary benefits and hence there was no reason to deny the same to the petitioner. In paragraph 12 of the petition, it is stated that the university made a recommendation to the State Government through Director of Higher education for grant of pensionary benefits, to the petitioner. True copy of the G. O. dated 9. 8. 1994 which gives procedure for grant of pensionary benefits is Anncxure-4 to the petition. The Director of Higher Education has also made recommendation to the State Government in this connection on 30. 4. 1997 vide Annexure-5 to the petition. However, the State Government rejected the recommendation of the Vice-Chancellor for grant of pensionary benefits to the petitioner. The Pensioners Association of Allahabad University had made a recommendation dated 1. 6. 1999 in favour of the petitioner vide Annexure-6 to the petition. The petitioner also made a representation dated 27. 6. 2000 Annexures-7 and 8 to the petition. The Finance Officer of the University had also made a recommendation dated 10. 7. 1997 in favour of the petitioner to the State Government. The State Government has issued letter dated 21. 7. 1998 clarifying the position, copy of which is Annexure-10 to the petition. The petitioner had submitted an option to accept pensionary benefit on 7. 3. 1984 copy of which Annexure-12 to the petition. The government had also invited options and copy of the opinion submitted by the petitioner dated 17. 11. 2000 is Annexure-13 to the petition. Since pensionary benefit was not granted to the petitioner, in our opinion, this petition has to be allowed as the petitioner cannot be discriminated against since persons similarly situate, e. g. , Prof. A. B. Lal ; Prof. A. D. Pant ; Prof. L. R. Singh and Prof. D. N. Singh, etc. have been granted the same benefits. Since pensionary benefit was not granted to the petitioner, in our opinion, this petition has to be allowed as the petitioner cannot be discriminated against since persons similarly situate, e. g. , Prof. A. B. Lal ; Prof. A. D. Pant ; Prof. L. R. Singh and Prof. D. N. Singh, etc. have been granted the same benefits. ( 8 ) HENCE, we are of the opinion that the petitioner is also entitled to pensionary benefit and we direct accordingly. The petitioner shall also be paid arrears of pension from the date he resigned till date of payment with 12% per annum interest within three months from the date of production of a certified copy of this order before the Stale Government. ( 9 ) THE petition is allowed. No orders as to costs. .