R.D.TIWARI Vs. JIWAJI UNIVERSITY GWALIOR

JUDGEMENT

(1.) Petitioners' case is that they were initially appointed on probation on the post of UDC/LDC with effect from 01.01.1970 and 15.11.1969 respectively under respondent No.1. They earned their promotions from time-to-time and superannuated on 31.07.2003 and 30.06.2003 respectively. It is their submission that the period of probation has not been counted for the period of qualifying services for grant of pension.

(2.) Learned counsel for the petitioners has drawn specific attention of this Court to Annexure-P/4 which is a communication addressed to respondent No.3, whereby the CFP contribution for the period of probation along with interest has been sent to respondent No.3, so that qualifying services of the petitioners may be calculated taking the period of probation into account.

(3.) The return filed by respondents No.2 and 3 is silent on this communication (Annexure-P/4) and in a rote manner, it is mentioned in the return, in Para-3 of the preliminary objections, that since CPF deduction was not made and there was no rule as well as the pension scheme was introduced afterwords, therefore, the petitioners are not entitled for counting of their period of probation for the purpose of qualifying services.