SANTOSH KUMAR UPADHYAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners, who claim to be the retired employees of the respondent No.3 - Pt. Ravishankar Shukla University (for short "the University"), by this petition, seek a direction to the respondent authorities to pay all the pensionary benefits to the petitioners as well as family pension to the dependants of the deceased employees at par with the employees of the State Government from the date when it was revised for the employees of the State Government. The petitioners also seek benefit of 6th Pay Commission in respect of pensionary benefits, as was made available to the employees of the State Government.

(2.) The indisputable facts, in brief, as projected by the petitioners, are that the petitioners are the retired employees of the third respondent/University. The, then, State Government of Madhya Pradesh by circular dated 6th December, 1989 (Annexure - R/1) decided to grant the benefits of gratuity, pension, family pension and computation at par with the Government employees, however, it was made clear that no financial benefit would be given and the same will be made available from the contributory fund created by the University, which was accepted with approval by memo dated 22nd March, 2001 (Annexure - R/2) issued by the present State of Chhattisgarh. The petitioners claim the abovestated benefits on the basis of Statute No.32 of the University (Annexure - P/2) and also on the basis of circular dated 6th December, 1989 of the State Government. The petitioners are also claiming benefit on the basis of the order passed by the learned Single Judge of the High Court of Madhya Pradesh in K.L. Khandelwal & another v. State of Madhya Pradesh & Others, 1999 1 MPLJ 618, wherein the petitioner No.1 was a retired Deputy Registrar of Jiwaji University, Gwalior. In the said petition, the circular dated 6th December, 1989 was under consideration.

(3.) Shri Agrawal, learned senior counsel appearing with Dr. Shukla, learned senior counsel and Shri Pandey, learned Advocate for the petitioners, would submit that the representation dated 26th May, 2009 (Annexure - P/1) was made by the petitioners to the Commissioner, Higher Education, Government of Chhattisgarh, Raipur, for grant of revised pension, which has not yielded any result. Thus, a direction, as aforestated, be issued to the State Government.