SURENDRA KUMAR KHANNA Vs. STATE OF U P

JUDGEMENT

(1.) Sri Surendra Kumar Khanna has filed this writ petition under Article 226 of the Constitution of India, praying for a writ of mandamus commanding the opposite parties to count the services rendered by him in the Agra University and fix his pension accordingly and further to pay the amount of leave encashment along with interest at the rate of Rs. 18% per annum. He has also prayed for a writ in the nature of certiorari, thereby quashing paragraph 3 of the Government Order dated 26.12.1995 (Annexure-7) with a direction to the opposite parties to grant the benefit of commutation of pension as admissible to other employees of the Sports College.

(2.) As pleaded in the petition, the petitioner was appointed as Sports Teacher (Athletic) vide order dated 20.6.1975 in the U. P Sports College (hereinafter referred to as "the College"), Lucknow. Prior to his joining in the College, he was working as Athletic Coach in the Agra University since 6.4.1971. He relinquished his services in the Agra University after he joined in the College at Lucknow. His work, conduct and performance of his job have always been excellent as assessed by his superior officers, colleagues and students. In view of his unblemished and exemplary service, he was confirmed with effect from 28.2.1991 and he was also given the benefit of higher pay-scale vide Government Order dated 2.11.1993. The petitioner earned various certificates of appreciation from various institutions. On attaining the age of superannuation with the benefit of extension, he retired on 30.6.1995 after completing about 20 years of distinguished service to his credit. The authorities of the College, however, got annoyed with the petitioner as he had to file under the compelling circumstances a writ petition in the High Court seeking his extension upto the end of academic session, i.e., 30.6.1995. As stated earlier, he succeeded in getting the advantage of extension but he had to suffer the wrath of his superiors, as a result of which his past service rendered in the Agra University was not counted for calculating his pension and even the benefit of leave encashment was denied to him. Further, his prayer for commutation of his pension was also declined. The Government, vide order dated 26.12.1995, allowed the benefit of commutation of pension to the employees of U. P. Sports College but with prospective effect, in consonance whereof the petitioner who had already retired on 30.6.1995, was deprived of its advantage. As a matter of fact, this order was tainted with mala fides as it was issued to the detriment of the petitioner. The cut off date in the aforesaid order was violative of Article 14 of the Constitution of India. It, therefore, deserves to be quashed. On the strength of these allegations, the petitioner has prayed for a writ in the nature of certiorari and mandamus as mentioned above.

(3.) The opposite parties resisted this writ petition and Sri Anand Shukla, the Director of the College filed on their behalf his counter-affidavit asserting therein that the petitioner was not entitled to claim the benefit of his past services rendered by him in the Agra University as he did not fulfil the conditions of the requisite Government Order dated 28.1.1988 by submitting necessary information including the details of the contributions of the Provident Fund deposited by him and the employer of Agra University. He also did not disclose his Provident Fund account. In absence of the necessary details, he was neither eligible nor entitled to have his past services included for the pensionary and other benefits. As a matter of fact, the U. P. Sports College, Lucknow is a Society having its own Board of Directors and as such, it is entirely different from a regular educational institution. In view of this distinction, the Government Order dated 19.12.1988 was not applicable to the employees of the College.