FAQEER MOHAMMAD Vs. JAMIA MILLIA ISLAMIA AND ANR

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby directing the respondents to apply the policy of G.P. Fund-cum-pension-Gratuity Scheme prevalent on 24.12.2003, the date when the petitioner accepted the offer of appointment and when his rights stood crystallized and finalize and disburse the petitioner's retiral benefits, ignoring their decisions to the contrary.

(2.) The case of the petitioner is that the petitioner had been the guest faculty in the Department of Chemistry from 16.09.2002 to the academic session 2003-2004 with qualification that his engagement as guest teacher was w.e.f. the date of taking the classes in the said academic session 2003- 2004 or till vacancy exists or till further orders which ever earlier. During his engagement as guest faculty, he applied for the post of lecturer in Department of Chemistry in response to an advertisement published by the respondents. The petitioner was called for and accordingly appeared before the Selection Committee on 15.10.2003 and the said Committee recommended for the appointment of petitioner along with several other candidates. Finally, the Executive Counsel of the University approved the recommendation of the Selection Committee in its meeting held on 25.11.2003. Thereafter, the respondents issued the offer of appointment on 16.12.2003 to the petitioner and in response the petitioner upon completion of formalities of medical and verification of documents, submitted his acceptance by his letter dated 18.12.2003. Accordingly, the respondents issued the appointment letter on 23.12.2003 calling upon the petitioner to report for duty on 06.01.2004 positively. The said appointment letter in its clauses 13 & 14 further mentions as under:-

(3.) Accordingly, the petitioner accepted his letter of appointment subject to the aforesaid conditions. The petitioner intimated his acceptance of appointment on 24.12.2003 through proper channel and the petitioner eventually joined on 06.01.2004 as directed in the letter of appointment. The respondents, following the petitioner's appointment asked him to submit his nomination for provident fund while allocating the P.F. A/C No. G-2818 and the employee I.D.: FM-2087. In response, the petitioner submitted his nomination on 21.09.2004 for the P.F. on the prescribed format given by the University. The respondents' University for some time deducted the amount from the petitioner's salary. Thus, the respondents have been following the terms of appointment as contained in the letter of appointment.