SADASHIV Vs. JAWAHARLAL NEHRU KRISHI VISHWAVIDYALAYA

JUDGEMENT

(1.) THE grievance of the petitioner is that he joined the service of the institution Plant Industry, Indore which was a private institute. The Government took it over on 17.8.62 on the terms and conditions enumerated in the Government Memorandum dated 23.11.62. The list of officers and employees who were absorbed in the Government is filed as Annexure -A1. The petitioner is one of them who was absorbed. As regards the terms and conditions of the pension it was asserted that they will come under the pension scheme from the date of their absorption, and they will have to return the employer's contribution with interest thereof and the same will be credited to the Government. Their previous service covered by the fund will be counted for pension. However, the petitioner even after his absorption is not being given the benefit according to the terms and conditions of the absorption. He has retired. Therefore, he has filed this petition for getting the pensionary benefits.

(2.) AN identical petition was filed by one Hirasingh son of Kalyansingh against the same institution which was registered as MP No. 381 of 1985 and this Court vide its order dated 16.4.90 decided that petition. In that petition identical avernments made by the petitioner and the defence taken by the Institution were taken into consideration and finally it was held that the petitioner was entitled to the pensionary benefits. A direction was, therefore, issued that the pensionary and such other benefits as are admissible to the petitioner be decided by the respondent's positively within a period of four month from the date of the order and the amount already paid to and received by the petitioner be adjusted and set off against the amount payable to him. In view of the aforesaid judgment we do not want to embark on the exercise of deciding the same points afresh. The order in M.P. No. 381 of 86 shall govern the disposal of this petition also and the petitioner shall be entitled to the pensionary benefits in the light of the aforesaid order. It is further directed that the claim of the petitioner be decided within a period of four months and the amount already paid shall be adjusted in the payment which shall be made to the petitioner as a result of his entitlement to the emoluments which may be found due to him.