PRABHAT KUMAR Vs. LALIT NARAYAN MITHILA UNIVERSITY THROUGH ITS VICE CHANCELLOR; DIRECTOR, HIGHER EDUCATION DEPARTMENT; REGISTRAR, LALAIT NARAYAN MITHILA UNIVERSITY AND; PRINCIPAL, SHRI KRISHNA MAHILA COLLEGE

JUDGEMENT

(1.) Heard Mr. Yugal Kishore, learned Senior Advocate appearing on behalf of the petitioners, Mr. Partha Sarthy learned Counsel representing the respondent University and Mr. Pritish Kumar Lal, learned Assisting Counsel to S.C. 11 for the State.

(2.) The mother of the substituted petitioners superannuated from the post of University Professor with effect from 31.1.1998. Under the statute framed for grant of post retiral benefits of the employees of different Universities including the respondent University a retiral scheme was introduced with effect from 14.1.1980. Whereas the scheme at Appendix-A provided for payment of general provident fund cum pension cum gratuity, the scheme at Appendix-B provided for contributory provident fund cum gratuity in which the employees contribution to provident fund was required to be up to 8 % of the pay of the employee. The third scheme at Appendix-C Was provided for contributory provident fund only in which the employees' contribution was 10% of the pay.

(3.) Undisputedly, the mother of the petitioners had opted for the benefits as provided under Appendix-C. However, before her superannuation on 31.1.1998, she exercised the option to shift over to the benefits provided in Appendix-A. The said option was exercised on 19.1.1998.