RAM NARESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, petitioner is aggrieved with the order of Rajendra Agriculture University, hereinafter called as University issued vide office order no. 434 RAU dated 11.1.2000 (Annexure -13) by which the proportionate pension payment order dated 8.1.1997 (Annexure -1 to the writ application) has been withdrawn.

(2.) IN short, the relevant facts are that initially the petitioner joined the service of the State Government on 11.6.1955. However, on transfer he was absorbed in the University service vide notification dated 23.3.1993 (Annexure -10) with effect from 17.3.1993. The petitioner superannuated from the service of the University on 31.3.1995 on attaining the age of 60 years. Admittedly the petitioner remained in the service of the State Government from 11.6.1955 to 16.3.1993 i.e. for a period of more than 37 years and he was in the service of the University from 17.3.1993 to 31.3.1995. It is stated that the pay of the petitioner on 17.3.1993 was Rs. 6,300/ -and after getting increment his pay was Rs. 6,500/ - on 31.3.1995 when he superannuated from the service of the University. It has been further stated that the Respondent -State sanctioned proportionate pension of Rs. 2,266/ - per month with effect from 18.3.1993 and thereafter the University vide letter dated 22.11.1996 (Annexure -18) asked the petitioner to send papers for proportionate pension payable by University. It is further stated that although petitioner submitted papers for proportionate pension payable by the University but the University rejected the aforesaid claim of the petitioner vide Annexure 13.

(3.) MR . Ojha, learned counsel appearing for the petitioner with reference to clause 16.1(b)(iii) of Rajendra Agricultural University Statutes, 1976 submitted that permanent Government servants as are eligible for proportionate pension from Government will be allowed on absorption under the University the benefit of pension on the basis of total period of service rendered under the Government and the University. The pension to which such employees will be entitled would be the pension that would accrue to them on the basis of the total period of service under the Government and the University minus the pension payable by Government. Thus, according to him, the petitioner is entitled for pension on the basis of total period of service rendered under the Government and the University and the University is liable to pay the amount of pension minus the pension payable by the Goverment On the other hand, Mr. Singh, learned counsel appearing for the University and its officials submitted that the State Government has already allowed full pension to the petitioner after completion of 33 years of service and no benefit of enhanced pension would accrue to him on account of longer period of service, hence, question of payment of proportionate pension by the University does not arise. He referred to clause 18.17 of the Statutes which mentions that a transferred employee shall retire from Government service on such day as applies to other Government servants i.e. 58 years and if the University decides to re -employ such retired officers such re -employment will be like any other fresh employment in the University service and will not effect the pension and leave account of the employees with the Government.