SURENDRA KUMAR SONI Vs. HIGHER EDUCATION DEPARTMENT

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner assailing the action and inaction on the part of the respondents in failing to sanction and release his retiral benefits, including pension, despite a lapse of more than 11 years since his Voluntary Retirement. By way of an amendment, the petitioner also specifically challenges the order dtd. 1/11/2012 (Annexure R/1) issued by the Officer on Special Duty, Department of Higher Education, whereby the petitioner's claim for pension was denied. The matter falls within the territorial and constitutional jurisdiction of this Court.

(2.) The petitioner was initially appointed as an Assistant Professor (emergency service) in the Government College, Pushparajgarh, District Shahdol and served continuously from 17/9/1987 to 11/8/1989. During this tenure, pursuant to a public notification issued by Vikram University, Ujjain, the petitioner applied for the post of Lecturer in English through the proper channel. Upon his selection, the petitioner resigned from his post at the Government College, Pushparajgarh, District Shahdol and was relieved on 12/8/1989, thereafter subsequently joined Vikram University, Ujjain on 14/8/1989.

(3.) After rendering approximately 18 years of continuous service at the University, the petitioner submitted a notice of resignation on 15/8/2007. He subsequently requested that his resignation be treated as Voluntary Retirement. The University initially accepted his resignation vide order dtd. 2/2/2008, but later issued a revised order dtd. 17/2/2011, officially treating the cessation of his service as Voluntary Retirement.