ISHAQ Vs. JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA

JUDGEMENT

(1.) This order shall lead to final disposal of W.P. No. 5329/1999 and W.P. No. 5356/1999, wherein the issue raised for adjudication is common.

(2.) The issue is as to whether the respondents are justified in their action in denying the benefit of commutation of pension because of an amendment in Jawaharlal Nehru Krishi Vishwa Vidyalaya, Additional Statutes (hereafter shall be referred to as 'Statutes') made effective from a retrospective date.

(3.) The Statute was enacted in pursuance to the provisions contained under sub-section (1) of Section 37 of the Jawaharlal Nehru Krishi Vishwavidyalaya Adhiniyam, 1963, providing payment of pension and other non-effective benefits to its employees retiring after 1-4-1987. Para 1.1 of the Statute provided for that "the pension, gratuity, family pension and commutation of pension admissible to the Government servants of Madhya Pradesh, under the Madhya Pradesh Civil Services (Pension) Rules, 1976 and the M.P. Civil Pension (Commutation) Rules, 1976 as amended from time to time may be made applicable to the officers, teachers and service personnel other than Chancellor and Vice Chancellor with effect from 1-4-1987".