UMA SHANKAR SHARMA Vs. SECRETARY

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court seeking a writ of certiorari to quash the order passed by the Joint Secretary, Training and Technical Education Department, Secretariat, Dehradun dated 28.01.2016; and a writ of mandamus directing the Director, Bipin Tripathi Kumaon Institute of Technology, Dwarahat (for short BTKIT), District Almora to release the agreed pro-rata pensionary contribution in favour of the Motilal Nehru National Institute of Technology, Allahabad, Prayagraj, Uttar Pradesh (for short 'MNNIT') which is the essential requirement to count the past services of the petitioner in the old pension scheme, who is presently working as Deputy Registrar in MNNIT, Allahabad, Uttar Pradesh.

(2.) Facts, to the limited extent necessary, are that the petitioner was initially appointed in the post of Assistant Registrar on 09.07.1998, and joined duty on 04.09.1998. He was drawing the pay-scale of Rs.6,500-10,500- in the General Provident Fund (GPF) cum Pension Scheme (old pension scheme). His services were confirmed in the post of Assistant Registrar on 04.09.2001.

(3.) While matters stood thus, the MNNIT, Allahabad issued an advertisement inviting applications for appointment to the post of Deputy Registrar (Accounts) on a contract basis. The petitioner applied, through proper channel, for the post of Deputy Registrar (Accounts), and appeared before the Selection Committee with due permission of the Principal of the BTKIT, Dwarahat. The petitioner was appointed as a Deputy Registrar (Accounts), in the pay-scale of Rs.8,000-13,500-, on contract initially for a period of one year. The petitioner's request for grant of leave without pay on lien for one year, to join the post of Deputy Registrar (Accounts) at the MNNIT, Allahabad, was acceded to; and he was relieved on 16.12.2006, on lien for one year from 19.12.2006 to 18.12.2007, to enable him to join the post of Deputy Registrar (Accounts). The petitioner joined in the said post on 19.12.2006. His services were extended for a period of one more year i.e. from 19.12.2007 to 18.12.2008. He made a request on 12.12.2007 for extension of leave without pay for a further period of one year from 19.12.2007 to 18.12.2008. He was granted leave without pay, from 19.12.2007 to 18.12.2008, by proceedings dated 12.05.2008. The petitioner's services were extended by the MNNIT, Allahabad for a further period of one year from 19.12.2008 vide proceedings dated 28.11.2008.