ABDE ALI Vs. JAWAHAR LAL NEHRU KRISHI VISHWAVIDHYALAYA

JUDGEMENT

(1.) BY this petition filed under Articles 226 and 227 of the Constitution of India, petitioner has challenged the action of the respondents for not providing him pensionery benefits. The unfolded facts are that petitioner who was serving on the post of Upper Division Clerk in Jawaharlal Nehru Krishi Vishwavidyalaya was retired on 31.1.1985. Petitioner on his retirement was benefited by the Scheme of Contributory Provident Fund (for short CPF) and accordingly the amount of CPF was paid to him. Later on, the Board of Management in its 140lh Meeting held on 3.12.1994 with the concurrence of State Government, issued a circular/order dated. 31.12.1994 cancelling the earlier arrangement in order to benefit the employees of the said University and in place of payment of CPF it was directed to benefit the employees by pensionery benefits. In pursuance to the order Annexure -R. 2 dated 31.12.1994, an order Annexure -P.2 dated 9.12.1997 was issued by the University directing that the employees shall be benefited by the pensionery benefit and the payment under the head of CPF was directed to be cancelled. Thereafter, vide Annexure -P -3 dated 22.1.1998 said University issued a letter to its all departments directing that the scheme of CPF is abolished and to make necessary entries in the service book of the employees concerned. It was further directed that the persons who have exercised options for CPF on their, absorption in the Vishwavidyalaya but their names do not find place in the list enclosed with the said letter, their names may be intimated.

(2.) SHRI Patwardhan, learned Counsel for petitioner vehemently submitted that if case of petitioner is tested on the touchstone of Annexure P. 2 and P. 3 it would be as clear like a noon day that the petitioner would be entitled for the pensionery benefit. Learned Counsel by inviting my attention to the list attached ito Annexure P. 3 dated 22.1.1998, has submitted that name of petitioner is on the top of the list and if that is the position, according to learned Counsel, petitioner is entitled for the pensionery bent fit, it is also put forth by him that the amount of CPF which was obtained by him at the time of retirement, was returned back to the University and thereafter again it was paid to him. It is also canvassed by him that the petitioner is ready to pay the interest on the said amount at the rate prevailing today. On this premised submission, it has been submitted by learned Counsel that this petition be allowed and petitioner may be benefited by the pensionery benefit.

(3.) AFTER having heard learned Counsel for parties I am of the view that this petition deserves to be dismissed.