VASANT VINAYAK JOGAWAR Vs. UNIVERSITY OF POONA

JUDGEMENT

(1.) THIS is another pathetic case of a pensioner, to boot a teacher in the University, who is made to run around in circles because the State authorities are unable to take a decision on his entitlement to pensionary benefits. That a teacher, a Government servant, at the fag end of his career was treated in this fashion, is saddening. FACTS:

(2.) THE petitioner joined a Government College known as Rajaram College, Kolhapur, as a Lecturer in Psychology. The petitioner`s service was regularised after selection by the M. P. S. C. and he was appointed permanently as a Lecturer in Psychology with effect from 14th November 1962. On 3-3-1981 the petitioner applied to the Poona University for being absorbed as a Lecturer in the college. Since absorption by the Poona University would necessarily mean giving up his job under the Government, the petitioner decided to take voluntary retirement from Government service and then join the Poona University. At the material time the Government of Maharashtra was encouraging voluntary retirement of Government servants as a matter of policy. The Government had issued a resolution dated 4th March, 1978 giving certain concessions to government servants who had put in not less than 20 years qualifying service and retired from service voluntarily. By Clause 2 (b) of the said G. R. dated 4th March, 1978 it was made clear that the benefit of "retiring pension" would be admissible to a Government servant retiring under the said voluntary retirement scheme. By Clause 2 (n) it was declared that the Government servants retiring voluntarily under the said scheme would be granted permission for post retirement commercial employment more liberally than in the case of Government servants retiring under Rule 161 of the Bombay Civil Services Rules and Rule 8 of the Revised Pension Rules, 1950 (Corresponding to Rule 10 of the Maharashtra Civil Services) (Pension) Rules, 1982, which shall hereinafter be referred to as 1982 Pension Rules.

(3.) THE Director of Higher Education addressed a letter dated 13th September, 1982 to the Secretary, Education and Employment Department, forwarding the application dated 3-8-1982 sent by the petitioner and recommending that the petitioner was eligible to retire from the Government service under the Government Resolution dated 4th March, 1978 after completion of 20 years. The Director of Higher Education also stated that he had no objection to allowing the petitioner to retire voluntarily from Government services as requested, and recommended that the Government may grant the request of the petitioner for voluntary retirement. A copy of the said letter was also forwarded to the Principal, Rajaram College, Kolhapur, and to the petitioner. There is note No. 3 appended to the said letter which says,