LAXMI SHANKER GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri C. K. Parekh, learned counsel for the petitioner, Sri J. N. Maurya, learned Standing Counsel and Sri Ajit Kumar Singh, learned Counsel appearing for the respondent Nos. 3 and 4.

(2.) THE brief facts giving rise to this writ petition are that the petitioner was appointed as Lecturer in Hindi Department of Mahatma Gandhi Kashi Vidypeeth Varanasi on 28.10.1978. He retired on 7.4.1995. Prior to his appointment in Mahatma Gandhi Kashi Vidyapeeth, he served as Lecturer in Hindi in Tinsukia Degree College, Assam from 2.9.1967 to 17.10.1978. After retirement, the petitioner made an application that his pension be fixed after adding the period of his service as Lecturer in Tinsukia Degree College, Assam. The resolution dated 28/29.10.1991 passed by the Executive Council of the Kashi Vidyapeeth has been relied for the said purpose including clause 15.05(c) of the First Statute of Mahatma Gandhi Kashi Vidyapith, Varanasi. The Registrar of the University wrote a letter on 10.4.1994 to the State Government referring to the Government order dated 24.10.1983. The Registrar informed the petitioner that since no reply has been sent by the State Government, his services as Lecturer in Tinsukia Degree College, Assam cannot be added. The petitioner also sent representation for adding his period of service as Lecturer in Hindi in Tinsukia Degree College, Assam. Various correspondences in this regard between the University and the State Government have been brought on record. The petitioner filed this writ petition praying for the following reliefs:

(3.) LEARNED counsel for the petitioner in support of his submissions placed reliance on the Government order dated 24.12.1983, copy of which has been filed as Annexure-1 to the second supplementary affidavit, specially paragraph 2 (6) of the said Government order. He submits that the services of the petitioner rendered in Tinsukia Degree College, Assam should be added by virtue of paragraph 2 (6) of the Government order dated 24.12.1983. He submits that the petitioner has been ready to deposit the contribution as recommended by the University but no orders were passed to deposit the said contribution, hence, the petitioner cannot be denied the benefits of adding his services rendered at Tinsukia Degree College, Assam for the purpose of pension. He placed reliance on Statute 15.05 (c) of the First Statute of Mahatma Gandhi Kashi Vidyapith, Varanasi and submits that according to the aforesaid Statute the services rendered in a college outside the State of U.P. shall be added to length of service, the same principle will be applied for computation of pension also.