U PALANI Vs. REGISTRAR, ANNAMALAI UNIVERSITY AND ANR

JUDGEMENT

(1.) This writ appeal is directed against the judgment of the learned single Judge whereby, the claim of the petitioner for enhancement of his pension by adding his earlier services in various other institutions to his qualifying service was refused.

(2.) Petitioner retired from the post of Lecturer in Tamil in Annamalai University on 6.5.1979. Once his pension was fixed, he not being satisfied with that pension, represented to the University that his earlier service rendered as Lecturer in other educational institutions should also be counted as qualifying service for the purpose of computation of his pension. He calculated the total service to be 26 years, 10 months and 15 days whereas, as per the University, his qualifying service was calculated at 10 years, 10 months and 17 days only. Petitioner based his claim on the resolution passed by the University in a meeting held on 29.11.1980, whereby Statute 3(ii) was amended so as to count as qualifying service the service rendered by a teacher under all managements previously, viz., Government, Local Bodies, Aided Colleges, High Schools and Technical Educational Institutions before entering the University service of a temporary, officiating or permanent nature.

(3.) The University, however, had taken a defence that this advantage of enhanced qualifying service was available only to those persons, who were in service of the University on or after 1.10.1979. According to the University, since the petitioner had already retired on 6.5.1979, he could not claim this advantage and as such, not entitled to the enhanced qualifying service and resultantly enhanced pension.