J A CHISTI Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner for issuing a writ in the nature of mandamus directing the authorities to prepare pension papers of petitioner and pay pension in the way and manner as has been directed vide judgment dated 3.1.2003 delivered by this Court in the case of Smt. Pratibha Bose v. Union of India and Ors..

(2.) Agro Economic Research Centres have been established in different regions of country, including State of U.P. in pursuance of Government of India policy of promotion and conducting research in Agro Economics problem. By means of Notification dated 28.10.1963 issued by Ministry of Food and Agriculture, Government of India (Department of Agriculture), New Delhi, one such centre was set up in the University of Allahabad known as Agro Economic Research Centre (AERC), University of Allahabad. Petitioner was initially appointed as Office Assistant on 11.6.1965, and thereafter on 20.1.1998 was appointed/adjusted as Office Superintendent, and said appointment of petitioner was made on the basis of new staffing pattern, and ultimately, petitioner retired on 30.6.1998.

(3.) At this stage service conditions of employees of Centre, is also to be seen. On the recommendations made by Ministry of Agriculture and Irrigation (Department of Agriculture), Union of India, Executive Council in its meeting dated 13.7.1978 resolved to apply same service conditions to employees of Centre as was applicable to employees of University in respect to Pay Scale ; Provident Fund ; Salaries and allowances; Residential Accommodation and House Rent Allowance; Medical Aid ; Leave Rules; Disciplinary action. Earlier there was no provision for providing pension to the employees of AERC. In this regard clarification was issued by the Directorate of Economics and Statistics (Department of Agriculture and Cooperative), Ministry of Agriculture and Research Development, Government of India dated 27.2.1986, and in paragraph 1 (b) thereof, it was made clear that staff of AERC would be considered at par with regular employees of the University and would be entitled to pension and gratuity etc. Along with same, staffing pattern of the Centre as well as number of approved posts of teaching staff as well as non-teaching staff was also appended. Executive Council of Allahabad University in pursuance of letter dated 20.4.1994 for integration of Centre with University on 10.4.1996 accorded approval and permission for integration of AERC as part of Allahabad University. On 21.5.1996 Memorandum of Understanding was signed between Government of India and University of Allahabad for integration of AERC with the University and the same was signed by the Vice-Chancellor of Allahabad University and the Joint Secretary, Ministry of Agriculture, Government of India, and therein it was specifically provided that employees of Centre would be considered at par with regular employees, and entitled to privileges enjoyed by regular staff of the University such as pension, gratuity, provident fund and others and further Ministry will have no financial obligation, in respect to staff, employed in the Centre, in excess of approved strength. After said Memorandum of Understanding was signed, letter dated 23.3.1988/6.4.1998 was sent mentioning therein that Orders/Notification be sent in reference to integration of Centre with University.