BIJENDRA NARAIN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the prayer is to direct the State of Bihar, Vice -Chancellor and Registrar of Bhagalpur University (respondents no. 1 to 3 respectively) to transfer pro rata service benefits for the period of services rendered by the petitioner in Bhagalpur University from 7.2.1962 to 21.1.1979 to the University of Hyderabad for the payment of pensionary benefits accordingly to 5/1/2013 Page 298 Ram Chandra Singh Versus State Of Bihar him.

(2.) IN short, the case of the petitioner is that initially he joined Bhagalpur University service on 7.2.1962 and was posted as Lecturer in the Department of Hindi in T.N.B. College, Bhagalpur. On 1.5.1970 he was transferred to Post Graduate Department of Hindi and on 13.1.1978 was appointed as Reader in Hindi, subject to concurrence of the Bihar Public Service Commission. It is claimed by the petitioner that an application for the post of Reader in Hindi in the Central University of Hyderabad through proper channel submitted by him was forwarded by the Registrar, Bhagalpur University on 23.8.1978, vide Annexure 1. The petitioner was selected by the Central University of Hyderabad for appointment as Reader in Hindi and on receipt of the offer of appointment, he requested the authorities of Bhagalpur University to relieve him for joining the new assignment at Hyderabad and also for allowing him to hold lien in Bhagalpur University. The University allowed extraordinary leave (without pay) and the petitioner was relieved on 19.1.1979, whereafter he joined the University of Hyderabad on 22.1.1979. Subsequently, Bhagalpur University granted him lien after obtaining approval of Syndicate, vide Notification no. 92/79 dated 23.7.1979, a photo copy whereof has been annexed as Annexure 2. On expiry of extraordinary leave, the petitioner applied to the University of Bhagalpur to extend his lien.

(3.) A counter affidavit has been filed on behalf of the Vice -Chancellor and Registrar of the University (respondents no. 2 and 3 respectively) in which it is stated that the petitioner is not entitled for any relief sought for in the present writ petition. It is stated that the petitioner had resigned from the service of Bhagalpur University and his resignation was accepted by the Syndicate with effect from 22.1.1979 when only contributory provident fund scheme was available to the employees, which has already been paid to the petitioner. According to the said respondents, the University has nothing to do with his past service. With respect to extension of leave sought for by the petitioner on 19.3.1982, it is stated that he was asked to apply through his employer, but when the same was not received, no further extension of lien was granted to him.