PARSHURAM Vs. NAGPUR UNIVERSITY, NAGPUR

JUDGEMENT

(1.) This is a writ petition by four retired employees of the Nagpur university who have claimed relief in this writ petition that the respondent Nagpur University should he directed to apply the Liberalised Pension formula to the petitioners as contained in Government Resolution No. PEN-I079/CR-926/SER-4 dated 29th August 1979 which was by that resolution made applicable to the employees of the State Government who retired on or after 31-3-1979. but was after the decision of the Supreme Court in the case of D.S. Nakara v. Union of India, AIR 1983 SC 130 : 1983 Lab IC 1, extended to its employees who retired prior to the above date by its G.R.No. PEN- 1084/CR-26/SER-4 dated 1st tune 1984.

(2.) Briefly, the facts are that all the four petitioners retired from the service of the Nagpur University prior to 1-4-1979. Statute 72 framed under the Nagpur University Act is applicable in regard to pension-cum-gratuity payable to the employees of the Nagpur University. Clause 2N I) of Statute 72 provides that whenever it is found that the benefits conferred under this statute vary from the benefits granted to the servants of the Maharashtra State Government, the Executive Council shall, by an ordinance make provisions for the grant, as far as may be, of similar benefits to the employees of the University and the benefits so provided for shall he deemed to be conferred by the said statute. By the Government resolution dated 29th 1979, a liberalised pension formula was made applicable to the Government servants who retired on or after 31st March 1979. The above benefit given to the State Government servants was also made applicable to the University employees by the Executive Council of the Nagpur University by its resolution dated I(r 12-1979.

(3.) It appears that after the receipt of the representation. the Nagpur University observed that there are about 100 such employees who have retired prior to 31st March 1970 and if the liberalised pension formula was to be made applicable to them, a financial assistance of the amount of Rs. 3.50 lakhs would be necessary from the State Government for application of the said benefit to them. In fact, by the resolution of the Executive Council dated 8/9th April 1985, it was resolved that the above question should t?e referred to the State Government with reference to the provisions of the Nagpur University Statutes and Ordinances presumably because it required the sanction of the State Government under s. 771 h) of the Nagpur University Act. It appears from the correspondence of the Director of Education and the Registrar, Nagpur University that by letter dated 2-9-1985 the Director had asked for certain information from the Nagpur University in regard to the action taken by it about the representation and the notice given by Shri P.N. Godbole and other retired employees on 13-8-1985. The Registrar of the Nagpur University by his reply dated 13th September 1985 informed the Director that there were several reminders and communications sent to him and that for extending the benefit of the liberalised pension formula to the employees who have retired prior to 31st March 1979, the State Government will have to provide financial assistance to the tune of Rs. 3.50 lakhs. However, no action has unfortunately been taken by the State Government in regard to this matter up til now.