BHARAT SINGH Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) BY means of this Writ Petition, moved under Article 226 of the Constitution of India, the Petitioner has sought the following reliefs:

(2.) BRIEF facts of the disposal of the writ petition are that the Petitioner was appointed as Lecturer of Civil Engineering in the University of Roorkee on deputation basis and thereafter he was absorbed in the University in the year 1960. Thereafter, the Petitioner was promoted as Professor (Civil Engineering) in the University in the year 1963 and later on as Professor in Water Resource Development Training Centre in the year 1966. The Petitioner served as pro -Vice Chancellor of the University from April 1982 to October 1982 and thereafter he was appointed as acting Vice Chancellor of the University from October, 1982 to October, 1983. Ultimately, the Petitioner was appointed as Vice Chancellor of the Roorkee University and served in the said capacity upto October, 1986. The Petitioner completed 60 years of age on 13 -12 -1985, as such, he had to superannuate on the said date but as the Petitioner was holding a fixed tenure post of the Vice Chancellor till October, 1986 so he was not superannuated on 13 -12 -1985. Prior to 22 -09 -1984, the employees and the teachers of the University of Roorkee were not entitled to get pension but contributory provident fund scheme was applicable to them under which the employer used to contribute 8% of the basic pay in the contributory provident fund account of the teachers/employees concerned and likewise the teachers/employees had to deposit a minimum of 8% of the basic pay in the contributory provident fund account. The said deposited amount in contributory provident fund (hereinafter referred as C.P.F.) account was to be paid to the concerned teachers/employees after the retirement alongwith interest. The Respondent No. 2 issued G.O. No. 789/84/77/84 on 22 -09 -1984 (hereinafter referred as GO, 1984) wherein it was provided that the teachers/employees of the University of Roorkee who have opted for age of superannuation as 58 years would be given pension, death -cum -retirement gratuity, family pension and general provident fund and those who have opted for age of superannuation as 60 years would not be entitled for gratuity but would be entitled for other pensionary benefits like pension, family pension and G.P.F. In continuation of the earlier GO, 1984, Government of U.P. issued another GO. No. 2595/90 Pra.Shi -1 -1175/87 dated 25/9/1990 (hereinafter referred as GO, 1990) seeking option for retirement from the employees if they so desire. Thereafter, the Secretary Department of Education, Government of U.P. issued another G.O. No. 2938/15(15)/95 -46(14)/98 dated 22 -09 -1995 (hereinafter referred as GO, 1995) addressed to Finance Officer/Registrar of all the State Universities whereby it was provided that the pension of the teachers/employees who opt for the age of superannuation as 60 years shall be calculated on the basis of salary drawn at the age of 60 years and the teachers of the Universities shall be given the same pensionary benefits as admissible to the Central Government Employees.

(3.) THE Petitioner has also filed rejoinder affidavit reiterating the same averments which he has made in the writ petition.