RAM BABU MEHTA Vs. THE PATNA UNIVERSITY

JUDGEMENT

(1.) THE two writ applications have common prayer as well as common facts as such, therefore, were heard together and are being decided together. Ram Babu Mehta retired as Analyst and Ali Imam as a Senior Upper Division Assistant from Population Research Centre, Department of Statistics at Patna University. The respective date of retirement is 30.11.2012 and 31.8.2012.

(2.) THE facts behind the present litigation is that on an advertisement published in a local newspaper way back on 25.1.1979 (Annexure -1), the petitioners applied. Mr. Mehta was an applicant for the post of Computer Analyst. He was selected and appointment letter was issued. He joined the post on 2.5.1979 but went on leave on ground of illness. Besides, he also had to be relieved by the previous employer, namely, United Bank of India. He finally joined on 31.8.1979. It is his case that he was even promoted to the post of Research Officer in the scale of Rs. 2200 -4000, which would be evident from Annexure -6 to the writ application. However, in the year 2003, he was sent back as Analyst which post he held till his retirement. Post retirement, he made an application before the Registrar, Patna University for fixation of his pension, which is Annexure -7 but since nothing came out of it, he decided to move the High Court.

(3.) LEARNED Senior Counsel representing the petitioners submits that right from the day of their selection and appointment it is the Patna University, which has been exercising control over their service. There is a master servant relationship between Patna University and them. Various communications would show that it is the Patna University, which has been taking various decisions in relation to them but for strange reason now the respondents are refusing to grant benefit of pension and retiral dues after their superannuation on one plea or the other. He also harps on the fact that various communications contained as Annexures, would show that the letters have been issued by the Patna University under the signature of the various functionaries of the University so case for mandamus is made out.