S P TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner inter alia praying that a writ in the nature of mandamus be issued commanding the respondents to count the period of twelve years, three months and seventeen days for the purpose of computing the petitioner's pension, which he rendered as Medical Officer in Provincial Medical Services as Demonstrator in Kings George's Medical College, Lucknow and as Lecturer in Anatomy in Banaras Hindu University, Varanasi; the petitioner has also prayed that mandamus be issued commanding the respondents to decide the last representation made by the petitioner on 1.4.2000 by speaking order. The brief facts giving rise to the writ petition are that the petitioner after completing his M.B.B.S. Course joined as Medical Officer in Provincial Medical Services (hereinafter referred to as 'P.M.S.") on 20.7.1954 and thereafter worked in the said capacity till 29.12.1958; that thereafter he was appointed as Demonstrator in Anatomy in Kings George Medical College, Lucknow and worked on the said post with effect from 2.1.1959 to 2.5.1963 for a period of four years four months; that thereafter he was appointed as lecturer in Anatomy in B.H.U., Varanasi where he worked with effect from 6.5.1963 to 14.1.1966 i.e. for a period of three years, six months and eight days; that thereafter he was appointed as a Reader of Anatomy in Ganesh Shankar Vidyarthi, Medical College, Kanpur with effect from 17.11.1966 till he attained the age of superannuation; that the petitioner retired from the post of Professor of Anatomy from G.S.V. Medical College, Kanpur and this period alone was computed for getting pension; that the petitioner was subject to discrimination vis-a-vis other similar persons and his services were not counted for the purpose of computing the pension which he spent in P.M.S. and King George Medical College and B.H.U.; that a total of twelve years, three months and seventeen days were left uncounted; the petitioner contention is that this period ought to have been included for calculation of pension on the basis of Pension Rules; that in the similar instance other Medical Officer who retired from Agra and other places were treated in rightful manner and were granted pensionary benefits for their period spent in continuation at different places; that the service in the P.M.S. is pensionable and the Government itself has admitted that the services in the P.M.S. ought to have been counted for pension purposes (Annexure 6 to the writ petition); that the Government admitted this facts in Annexure CA-1; that the petitioner alleged that the Government Order dated 4.10.1988 makes no mention of service in P.M.S. (CA-2). The petitioner, therefore, alleged that the order passed by the State Government is biased, illegal and without any basis.

(2.) The respondents in reply to the assertion of the petitioner replied in the counter-affidavit that the petitioner was appointed on a temporary basis as Reader in G.S.V. Medical College on 3.11.1966 vide letter No. 8107 (1) S.I. ROV-802/1964 and the petitioner resumed his work with effect from 17.11.1966 in G.S.V. Medical College. The appointment was for one year on temporary basis and on 4.12.1968 with consultation of the commission his temporary post was regularized and he was promoted to the post of Professor Anatomy on 9.6.1972. That on 6.9.1986 the petitioner moved a representation before the State Government that his earlier service be counted for computing pension and he submitted the details with effect from 20.5.1954 till 14.11.1966 when he joined at the G.S.V. Medical College, Kanpur. As far as the service rendered by him, at G.S.V. Medical College from year, 1966 upto the date of superannuation, he was paid full pension but his earlier period was not counted towards the computation for pension. The respondents certified that as per records of the Director General Medical Health, the petitioner resigned from the P.M.S. and joined the King George Medical College as Demonstrator and therefore, there are no records regarding that period available in the State Government. The petitioner himself admitted that after submitting resignation from P.M.S. he joined the King George Medical College as Demonstrator and he has also admitted that after submitting resignation from the post of Demonstrator he joined as Lecturer in B.H.U. Varanasi, and after submitting the resignation from B.H.U. Varanasi he joined at G.S.V. Medical College, Kanpur and continued there upto superannuation. The respondents verified that the petitioner deposited that C.P.F. during his tenure in B.H.U., Varanasi since his services were less than five years, the B.H.U. Varanasi did not deposit any contribution in the C.P.F. And therefore no C.P.F. amount could have been deposited with the State Government. The respondents have submitted the relevant Government Orders dated 21.9.1987 and 4.10.1988 alongwith CA-1 and 2 for perusal of the Court. The respondents have reiterated that the Government Order after due consideration vide Government Order No. 2852 Sake-l/Five-Ka-281/86 dated 4.10.1988 rejected the representation of the petitioner for counting the period spent in P.M.S. The respondents submitted that the petitioner did not draw any salary from the State Government with effect from 2.1.1959 to 16.11.1966, the petitioner did not request that his service record to be transferred.

(3.) In the rejoinder-affidavit, the petitioner maintains his assertions that he is entitled for the pension for the entire period spent either in P.M.S. or in Medical College. As far as P.M.S. is concerned, the petitioner submitted that the Government itself admitted that this period should be counted towards the pension.