BINDESHWARI PRASAD SAHI Vs. RAJENDRA AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) Whether the Petitioner is entitled to annual increment of pay after due date of superannuation is the question for consideration in this case. The question has arisen in the following background of facts.

(2.) The Petitioner joined the Bihar Agriculture Service under the State of Bihar in 1950. On establishment of the Rajendra Agriculture University on 3.12.70, in terms of the provisions of Section 39(19) of the Rajendra Agriculture University Act, 1971, he was appointed to the post of Senior Scientist-cum-Associate Professor (Chemistry) with effect from 1.4.75 on probation and 1.4.77 on permanent basis vide notification of the University dated 8.5.79. Later he was promoted to the post of Professor with effect from 2.3.79.

(3.) As per the Statute of the University the age of superannuation of teachers was 62 years. Under the scheme proposed by the University Grants Commission (U.G.C.) circulated by the Ministry of Human Resource Development on 22.7.88, which was made applicable to Rajendra Agriculture University by the State Government on 31.3.90, pay scales pf the teachers were revised with effect from 1.1.86 with age of superannuation at 60 years. Option was, however, given to the teachers to elect between lower scales of pay with higher (existing) superannuation age of 62 years and higher scales of pay but lower superannuation age of 60 years. Clause 19 of the Scheme runs as follows: