BISWANATH PANDA Vs. VICE-CHANCELLOR, BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) The Petitioner, in this Writ Petition, prays for a direction to the Berhampur University to pay his pension and retiral benefits, which according to him, have not been paid, even after lapse of one year from the date of superannuation. According to the Petitioner, he started his teaching career as a Commerce Teacher in Khalikote Collegiate Higher Secondary School on 18.07.1961 and was teaching Post Matric Class, i.e., Class 12. He continued in the said service till 30.06.1967. Thereafter, he was selected as an Assistant Librarian in Berhampur University and joined in the said post on 22.04.1968. He was promoted to the post of Librarian, which according to him, is equivalent to the cadre of Professor and was superannuated on 31.05.1999, while working in the said post.

(2.) THE grievance of the Petitioner is that even though he retired on 31.05.1999, he has been deprived of his pension and retiral benefits till the date of filing of the Writ Petition without any justifiable reasons. The Petitioner has referred to several communications made by the Registrar of the University to all concerned about the date of retirement of the Petitioner and to intimate regarding the dues, if any, outstanding against the Petitioner, the Petitioner's letter requesting all the Sections of the University for issue of no -due certificate for processing his pension papers and the representations made by him. He has also referred to the Circular issued by the Registrar of the University dated 05.10.1999 that despite issuance of notification as to superannuation of an employee before six months, the concerned Sections are not intimating the dues outstanding against the retiring employees for which delay is caused for finalization of their retirement benefits &, therefore, if any Section of the University is unable to intimate the outstanding dues of the retiring employees prior' to their retirement, it would be presumed that nothing is outstanding against such retiring employees and terminal benefits will be finalized. The Petitioner has further referred to the circular of the Government of Orissa issued way back on 30.12.1990 basing on a Judgment of this Court laying down detailed guidelines for payment of early pension, which also provides time stipulation for payment of pension and that the pensioner will be entitled to get interest at the rate of 18% per annum for the period of delay, which will be recovered from the person responsible for such delay. The moot question that the Petitioner has raised is as to whether the Petitioner's past service under Khallikote Collegiate High School from 10.07.1961 to 01.07.1967 should be counted as qualifying service for the purpose of calculating pensionery benefits. In support of the contention that the past service should be taken into account, the Petitioner has relied upon Statute No. 260 of the Orissa Universities First Statute, 1990, the extract of which has been annexed to the Writ Petition as Annexure 8.

(3.) THE Petitioner filed a rejoinder affidavit stating, inter alia, that he filed a representation giving intimation to the University with regard to his six years past teaching experienced in K.C. Higher Secondary School, before retirement and that he was teaching in the Higher Secondary Branch of the School which was fully aided by the State Government. The Higher Secondary Branch had classes up -to 12th Class, which is equivalent to 1 st year class of a college which comes under Higher Education. The surcharge amount as stated in the counter affidavit is not yet finally established and decided to be realized from anybody (pro -in -charge Library/Librarian/Asst. Librarian/others) from 1979 and the Petitioner has been protesting in his several written compliances that the said audit report is baseless and superfluous. Again an affidavit was filed by the Petitioner on 20.07.2004, inter alia, stating that 'now the Petitioner's claim is limited to two aspects, besides claiming interest for the delay in payment of the pension. One is the computation of period for pension from 18.07.1961 to 30.06.1967, i.e., services rendered by Petitioner in K.C. Higher Secondary Class, i.e., 12th Class as per Rule -260 of Statutes. Secondly, the amount of Rs. 4,950 deducted by University from pensionery dues is illegal and Petitioner is entitled to get back the said amount.