K B DESHPANDE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner assails the decision of the State Government contained in Memo. No. 26299/540/Pen. 1/80-1, dated 28th July, 1980 rejecting the petitioners claim of pensionary benefits on the basis of the service rendered by him in the Osmania University as illegal and hence he seeks a writ of mandamus directing the respondents to grant pensionary benefits to him with all consequential benefits.

(2.) The petitioner was initially appointed on 20th January, 1947, as a Junior Lecturer in one of the constituent colleges of Osmania University He joined in duty on 20th January, 1947. He was confirmed as a Junior Lecturer on 25th August, 1949 and as a lecturer on 25th August, 1951. He was also promoted as a Reader with effect from 7th November, 1957. ID July, 1962. the Marathwada University decided to start a University Post Graduate Department of Botany Then the Marathwada University offered Professorship in Botany to the petitioner. The petitioner was, therefore, permitted by the Osmania University to accept the professorship in Botany in Marathwada University as on foreign service by retaining his lien for two years subject to his paying pensionsary contiubution as per rules in force. The petitioner was relieved on 13th October, 1962 and he joined Marathwada University on 15th October, 1962. The University Syndicate, at its 37th meeting held on 21st December, 1962, confirmed the action taken by the vice-chancellor permitting the petitioner to accept the post of professor and Head of Department of Botany in the Marathwada University and permitting him to retain his lien for two years in the first instance from 13th October, 1962, on the following terms:-

(3.) In the writ petition he contends that in similar circumstances pensionary benefits have been granted to a number of persons, who were either in the Government service or in the service or Osmania University and who were subsequently absorbed either in other universities or in the Osmania Univer-sity. He gave the names of those persons and he, therefore, contends that he was illegally denied the grant of pensionary benefits and he was being discriminated. He further contends that the Marathwada University is not a private college but a statutory body established in the year 1958 by the act of legislature and it is, therefore, a statutory authority like any other university in our country. Hence the denial of pension on the ground that the petitioner's transfer to a private college is illegal and arbitrary.