PRAMOD KUMAR Vs. INFORMATION AND LIBRARY NETWORK CENTRE

JUDGEMENT

(1.) WHAT is challenged in this petition under Article 226 of the Constitution of India is the non-payment of pensionary benefits and gratuity to the petitioner for the period between 28. 2. 1991 to 28. 2. 2001.

(2.) THE facts as emerging from the record of the proceedings are that the petitioner was working as a Scientist/engineer "g" in the Space Application Centre of the Government of India. The University Grants Commission with the approval of the Government of India, as per the provisions contained in Section 12 (ccc) of the UGC Act, 1956, established the Information and Library Network Centre as an Inter-University Centre in the year 1991. The petitioner was offered the post of Director of the Inflibnet Programme on the pay scale and terms and conditions of service as that of the Vice-Chancellor of Central University. On 28. 2. 1991, the petitioner resigned from the post of Scientist/engineer in the Inter-University Centre for Astronomy and Astrophysics, Ahmedabad and joined the Inflibnet Centre as Director for a period of five years in terms of the offer made to him. Vide order dated 26. 2. 1996 the services of the petitioner were continued on the same terms and conditions for a further period of five years. During the entire tenure of his service contribution at the rate of 6% was deducted from his salary towards GPF. On 28. 2. 2001, the petitioner retired from service.

(3.) THE petitioner upon retirement applied to the Centre for grant of pro-rata pension with effect from the date of appointment in the Inflibnet centre till the date of his retirement. However, the petitioner has not been granted the pro-rata pension. Being aggrieved by the said stand of the respondents, the petitioner has preferred the present writ petition under Article 226 of the Constitution.