PRABHAT CHANDRA Vs. RANI DURGAWATI VISHWAVIDYALAYA

JUDGEMENT

(1.) BOTH the aforesaid writ petitions involve common question of law; therefore, they are disposed of by this common order.

(2.) THE common question of law arising in both the petitions are that whether the cut off date as 104.1987 provided in the Act of the various Universities of the State Government for entitling the teachers serving in the University, pension and other benefits is arbitrary or not.

(3.) PROF . R.K. Shrivastava retired from the Dr. Hari Singh Gour Vishwavidyalaya, Sagar, after 6.3.1982 and the Statute 26 of the Sagar University, which was in existence in this University, at that time, only provided the benefit of C.P.C. An affidavit of one Dr. Mulchand, Asstt. Registrar of Sagar University, has been filed that as per the Statute 26, the petitioners have been paid full amount of their Contributory Provident Fund (C.P.F.) and nothing remains to be paid to them towards their retiral benefits. It is submitted that there was no provision for payment of gratuity to the retiring teachers and employees of the University. It is submitted that Statute 34 which has been introduced and made affective from 1.4.1987, was adopted by the Sagar University. By this, now the teachers serving in the University will be entitled to pension and other benefits which are admissible to the Government servant of the State of Madhya Pradesh. This was finalised after the meeting of the Vice -Chancellors of the Universities on 8.9. 1988 and it says that: