DR. BANI SINGH Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) By this judgment, I dispose of as many as six writ petitions i.e. C.W.P. No. 14245 of 1997, titled Dr. Bani Singh v. Kurukshetra University Kurukshetra, and other C.W.P. No. 8540 of 1997, titled R.N.P. Garg and others v. Kurukshetra University, Kurukshetra and others, C.W.P. No. 7558 of 1999, titled Dr. M.L. Gogana v. Kurukshetra University, Kurukshetra and others, C.WP. No. 3107 of 1999, Himmat Singh Sinha and others v. Kurukshetra University, Kurukshetra and others C.W.P. No. 3460 of 1998, titled H.L. Verma v. Kurukshetra University, Kurukshetra and others and C.W.P. No. 1133 of 1997, Umed Singh v. Kurukshetra University, Kurukshetra and others, as in the opinion of this Court, these six writ petitions can be disposed of by one judgment as common question of law and fact arises in all the six writ petitions.

(2.) I am taking the facts from C.W.P. No. 14525 of 1997, titled Dr. Bani Singh v. Kurukshetra University, Kurukshetra and others. This writ petition has been filed by Dr. Bani Singh under Articles 226 of the Constitution of India seeking the directions against the respondents that they be asked to grant the benefit of pension to the petitioner in lieu of the University Contributory Provident Fund for which the option has already been taken from the petitioner. The petitioner has made a further prayer for issuing a writ of certiorari striking down the cut off date i.e. 1.4.1995 for introduction of the pension scheme in Kurukshetra University and the date may be fixed as 1.1.1992 at par with the C.C.S. Haryana Agriculture University, Hisar. All the petitioners are the ex-employees of the Kurukshetra University and admittedly they had retired from their respective services prior to 1.4.1995. So far as Dr. Bani Singh petitioner is concerned, he retired from service of Kurukshetra University on 30.9.1993. Kurukshetra University was in existence even prior to the formation of the Haryana State in the year 1966. It was the first University which came into existence. Lateron Haryana Agriculture University, Hisar and M.D. University, Rohtak were established. All the these Universities have their own constitutions and are statutory bodies established under separate State Acts. The basic structure, function and purpose behind the formation of all these Universities is the same. These Universities were formed for imparting general/professional education in the State of Haryana in order to spread literacy, higher education, vocational and professional in the State of Haryana. The administrative staff as well as the teaching staff of all the three Universities is a part of separate independent autonomous body, yet to ensure parity in all matters of administration, Finance, Education and Welfare, all the Universities are supervised and finally controlled by the common Chancellor and a High power Co-ordination Committee. According to the petitioners, a pension scheme was sought to be introduced for the employees of the State Government. This pension scheme was under the active consideration of the State Government and options were sought from the employees of all the Universities in the year 1988-89. The options were also sought from the petitioners in the year 1988 itself in order to implement the State Government Pension Scheme. This matter was also considered at the highest level i.e. Executive Council. The Executive Council passed resolution dated 18.12.1992 approving the scheme. Everything was going well but surprisingly the case of Haryana Agricultural University, Hisar was alienated and in this University pension scheme was introduced by the State Government with effect from 1.1.1992. However, a step-brotherly treatment was given to Kurukshetra University and M.D. University. Their case for granting pension to their employees remained deferred and the State Government kept considering their matter from time to time. The matter was finally considered by the Sub Committee of HPCC in its meeting held on 28.2.1995 and the Committee resolved and implemented the recommendation of the pension scheme in lieu of the Contributory Provident Fund in the Kurukshetra University and M.D. University while clearly specifying that the grant of pension would not pose any additional burden on the State Exchequer for the next 15-20 years.

(3.) The case set up by the petitioners is that the pension scheme was introduced in the Kurukshetra University and M.D. University with effect from 1.4.1995 and this cut off date i.e. 1.4.1985 (1.4.1995 ) is arbitrary and had no basis. Rather it should have been introduced with effect from 1.1.1992 as was done in the case of Haryana Agricultural University, Hisar. Moreover, as per the decision of the Executive Council the scheme should have been introduced with effect from 1.1.1992. The petitioners were not satisfied with this decision of the Government and they made representation on the ground that the cut off date i.e. 1.4.1995 is arbitrary, discriminatory and inequitable. With this background, the petitioners have made the above prayer.