RAJENDRA KUMAR KAPOOR Vs. PRINCIPAL SECRETARY HIGHER EDUCATION

JUDGEMENT

(1.) This writ petition has been filed for a writ of certiorari quashing the impugned order dated 3.8.2001 Annexure-13(a) to the writ petition and for a mandamus directing the respondents to recalculate the pension due to the petitioner by adding his service from 1.3.1963 to 8.9.1967 in the Directorate of Industries and to pay him arrears with interest accordingly.

(2.) We have heard learned counsel for the parties.

(3.) The petitioner was selected and joined as Record Keeper-cum-Accountant in the Directorate of Industries, Kanpur on 1.3.1963. Thereafter the petitioner was selected as Superintendent (Examination) in Kanpur University in 1967. He resigned on 8.9.1967 from the Directorate of Industries and joined on the same day as Section Officer, Kanpur University. True copy of the order of the Directorate of Industries accepting the resignation of the petitioner from the post of Record Keeper-cum-Accountant w.e.f. 8.9.1967 is Annexure-3to the writ petition. The petitioner was promoted in 1978 as Assistant Registrar and transferred from Kanpur University to Garhwal University and thereafter in August 1991 he was transferred as Assistant Registrar to Allahabad University and within a month thereafter he was promoted as Deputy Registrar. The petitioner's date of birth is 5.10.1934 and he retired from the post of Deputy Registrar, Allahabad University on 31.10.1994. By the G.O. dated 24.1.1984 the post held by the petitioner in Allahabad University has become pensionable vide Annexure-4 to the writ petition. The petitioner has alleged that he held a pensionable post in the Directorate of Industries, U.P. and hence the period he spent on that post should be added to his service in Kanpur University for the purpose of pension.