SHYAM MOHAN LAL Vs. GORAKHPUR UNIVERSITY

JUDGEMENT

(1.) HEARD Sri N.K. Saxena, alongwith Arti Saxena, learned Counsel for the petitioner and learned Standing Counsel for the State.

(2.) IN this petition prayer has been made for issuance of writ of mandamus directing the respondent to grant pension to the petitioner w.e.f. 1 -8 -1980 and by amendment application the order dated 14 -8 -1999 passed by the Vice Chancellor, Gorakhpur University, Gorakhpur has also been challenged. According to the petitioner the date of birth of the petitioner is 15 -7 -1920 and he was appointed as a mechanic in the workshop of Physics Department. In due course of time, he was promoted to the post of Lab Assistant and thereafter as Senior Lab Assistant and petitioner was to attend 60 years on 31 -7 -1980, however, the petitioner worked unauthorisedly beyond the date of superannuation i.e. 14 -7 -1980 with the connivance of the University authority and when it was noticed that the petitioner had already completed the age of superannuation then he was asked to submit the date of birth certificate which he deliberately avoided. The petitioner did not submit authentic proof of date of birth and therefore, cleverly he tendered resignation in the year 1983. By this petition the petitioner has started claim for getting pensionary benefits.

(3.) IT is settled proposition of law that a party has to plead the case and produce/adduce sufficient evidence to substantiate his submissions made in the petition and in case the pleadings are not complete, the Court is under no obligation to entertain the pleas. (Vide Bharat Singh v. State of Haryana, AIR 1988 SC 2181; M/s. Larsen and Toubro Ltd. v. State of Gujarat and Ors.,, AIR 1998 SC 1608; National Building Construction Corporation v. S. Raghunathan and Ors., 1998(2) LBESR 743 (SC) : AIR 1998 SC 2779; Ram Narain Arora v. Asha Rani and Ors., (1999) 1 SCC 411; Chitra Kumari v. Union of India and Ors., AIR 2001 SC 1237 and State of U.P. and Ors. v. Chandra Prakash Pandey, 2001(2) LBESR 6 (SC) : AIR 2001 SC 1298).