SHANKER NATH DAS Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner mainly prays for issuance of a writ, order or direction in the nature of mandamus directing the opposite party Nos. 1 to 3 to pay the petitioner the amount of pension giving him the benefit of his 22 years' past service with the State Government in accordance with Fundamental Rule 14 (a) contained in Financial Hand Book-11 (Part TT to IV). Prayer for a direction to the respondents to take decision on the representations filed by the petitioner, has also been made.

(2.) The relevant facts of the case, giving rise to the present petition, are that the petitioners while he was working on the post of Superintendent. Physical Education, Government Training Colleges, U. P.. in the Education Department. Government of U. P.. was appointed as lecturer in the Department of Physical Education in Banaras Hindu University in the year 1965 under the order of Government of U. P. dated 23.7.1965. By the time he was transferred to Banaras Hindu University-petitioner already put in 22 years continuous service on the aforesaid post of Superintendent Physical Education. In compliance with the order dated 23.7.1965. petitioner joined Banaras Hindu University on 24.7.1965. In the University, the petitioner was given appointment on the probation for 2 years w.e.f. 30.6.1962 by order dated 26.8.1967. It has been stated that the petitioner was given to understand by respondent No. 3 the Director of Education. U. P.. Allahabad, that for the purposes of fixation of pension and gratuity, his 22 years' past services rendered in U. P. Education Department shall be counted if he comes back to his parent department or stays in the University after resigning from the post of Superintendent Physical Education, Government Training Colleges, U. P. On the assurance given by respondent No. 3. the petitioner tendered his resignation from the post of Superintendent, Physical Education. Government Training College, U. P.. which was accepted w.e.f. 24.7.1966 vide notification dated 18.1.1968. On attaining the age of retirement, petition retired from service on 30.4.1982 about which he intimated to respondent No. 1. The petitioner, thereafter made applications and representations to the respondent Nos. 1 to 3 for fixation of his pension taking into consideration his 22 years' service rendered in the Education Department in accordance with law but no heed was paid to his applications and representations by the respondents. He, therefore, had no option but to file the present petition.

(3.) While entertaining the writ petition on 28.3.1991, this Court directed the opposite parties to consider and dispose of representations made by the petitioner. The representation filed by the petitioner was thereafter considered and rejected by Additional Director of Education by order dated 25.9.1991. a copy of which is contained in Annexure-16 to the writ petition, holding that on submission of resignation by the petitioner, his lien on the post of Superintendent Physical Education Government Training College, U. P., came to an end, he was, therefore, legally not entitled to take benefit of his 22 years service rendered In the Education Department of the Government of U. P. The validity of the said order had also been challenged by the petitioner by means of an amendment application which was allowed.