STATE OF U P Vs. MAQSOOD MAHMOOD

JUDGEMENT

(1.) We have heard Shri J.K. Tiwari, learned Standing Counsel for the State Appellant. Shri M. Islam and Shri N.I. Zafri appear for the Petitioner-Respondent.

(2.) The State of U.P. has filed this special appeal against the judgment of learned Single Judge dated 5.8.1997 in Writ Petition No. 24805 of 1997, by which relying upon the opinion of the Division Bench of this Court in Jagat Prakash Chaturvedi v. State of U.P. and Ors.,1993 3 UPLBEC 1767, a direction has been issued to the Director of Technical Education, Government of U.P. to take immediate steps for release of the capitalised value of the pension of the Petitioner for the period during which he had served under the State Government and to remit the same to the Aligarh Muslim University

(3.) Learned Standing Counsel submits that in the present case the Petitioner-Respondent was neither transferred nor absorbed in Aligarh Muslim University. He had resigned from the State Government on 30.9.1972. His resignation was accepted by the Governor of U.P. on 19.1.1973. There was no continuity in employment between the State Government and employment in Aligarh Muslim University, which is an autonomous university funded by the Central Government.