TILKA MANJHI BHAGALPUR UNIVERSITY Vs. BHOLA PRASAD MANDAL

JUDGEMENT

(1.) THIS appeal is directed against the order dated 30.6.2004 passed in C.W.J.C. No. 5019 of 2004, by which the learned Single Judge has allowed the prayer of the writ petitioner -respondent and directed to continue to pay pension to him on the, ground that there is a mention of the fact that he is entitled to be governed by the G.P.F. -cum -Pension -cum -Gratuity Scheme in the file maintained by the University as per statement made in paragraph 25 of the writ petition.

(2.) THE factual matrix for disposal of the present appeal are that, admittedly, the writ petitioner -respondent joined the University on the post of Calligraphist and, thereafter, he was promoted to the post of Section Officer and superannuated from service on 31.1.2000. The Chancellor approved the Statute (Triple Benefit Scheme) for grant of retirement benefit to the employees of the University on 18.11.1980 and some amendments were also made in the same, which came into effect from the date of amendment of the Statute. Under the Statute, the employees were required to file their option as to whether they will take the benefit of Group A, which provides for G.P.F. -cum -Pension -cum -Gratu - ity or they will take benefit of Group B, which provides for Contributory Provident Fund -cum -Pension -cum -Gratuity. The Statute further provided that if no option is exercised within time as mentioned, the period will be treated to have opted for the benefit under Group A1.

(3.) THE stand of the University, on the other hand, from the very beginning was that on 31.1.1983 within time prescribed for exercising option, the writ petitioner -respondent applied for Group B and, accordingly, he is not entitled to the benefit under Group A.