R C SHARMA Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) The Writ Petitioner, in the proceedings under Article 226 of the Constitution of India seeks directions to the first respondent university, its employer (hereafter referred to as "JNU" to count his period of service between 03.12.58 and 3.3.1971 rendered with the third respondent (hereafter called "Allahabad University"), for pension and pensionary benefit purposes. The undisputed facts are that the petitioner joined the Allahabad University, on 3.12.1958 as an ad hoc Assistant Professor of Geography. He continued in that capacity till 22.5.1970, when he was appointed as a direct recruit, pursuant to selection by a properly constituted committee. He was kept on probation. Soon thereafter, JNU advertised for the post of Reader in the International Politics and organization, in its school of International Studies. The Petitioner applied and was offered appointment after due selection. He accepted the offer and joined duties after securing one years leave without pay', for the Allahabad University.

(2.) After completion of the one year period, the petitioner tendered his resignation to the Allahabad University on 2.3.1972. The resignation was accepted on 24.02.1972 and he was later permanently absorbed with the JNU. Te petitioner retired from, JNU on attaining the age of superannuation with effect from 4.7.92. He had claimed for inclusion of his service in the Allahabad University between 1958 and 1971, for purposes of pension. Pending finalization of the claim, JNU fixed his pension provisionally and also granted pensionary benefits on the basis of his undisputed period of 21 years service (1971- 92).

(3.) The JNU had elicited views of the Allahabad University, on the demand of the petitioner for including his thirteen years services. The Allahabad University by its letter dated 18.6.1992 stated as follows: <FRM>JUDGEMENT_390_AD(DEL)4_2006Html1.htm</FRM> By letter dated 23.09.93 and 2.8.94, the JNU declined the request of the inclusion of past service in the Allahabad University.