SHIWESH CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer for quashing Annexure -4 to the writ petition by which the Registrar of Patna University has decided the claim of the petitioner for payment of pension in terms of the direction of this Court passed in C.W.J.C. No. 7157 of 1992 and C.W.J.C. No. 5399 of 1995.

(2.) THE short facts of the case are that the petitioner joined the post of Sub -lnspector of Excise in the Government of Bihar on 1.10.1954 and he worked on the said post till 20.12.1965. While working on the said post he responded to an advertisement issued by Patna University for appointment on the post of Lecturer in the faculty of Law and he submitted an application for appointment to the said post through proper channel. In paragraph 13 of the writ petition it has been stated that such advertisement was issued by the Bihar Public Service Commission and the petitioner applied against one of the two posts so advertised in the Department of Law in the Patna University. It was also stated in the said paragraph that there was an interview and the petitioner was selected by the Bihar Public Service Commission and they recommended for appointment of the petitioner, pursuant to that the University appointed the petitioner as full time Lecturer in the Department of Law vide Memo No. G/22066 dated 26.11.1966. The petitioner continued on the said post and ultimately he was confirmed by the Respondent University in the department of law by order dated 19.3.1979 and as a result of that the petitioner was made permanent in the said University and his lien on the post of Sub -Inspector of Excise was terminated. The petitioner was ultimately made Reader and thereafter was promoted to the post of University Professor of Law and the petitioner retired from the post of University Professor of Law of Patna University on 1.7.1991.

(3.) LEARNED counsel for the petitioner has relied on the provisions of Statutes for the grant of Retirement Benefits to the employees of the Bihar / Ranchi / Bhagal -pur / Magadh / L. N. Mithila / K.S.D. Sanskrit University. Learned counsel for the petitioner has relied on sub -paragraph (ii) of paragraph 5 of the said Statute. The relevant statute is quoted below : ''(ii) Transfer of an employee from service of Government of Bihar to the service of the University. Employees joining the University after continuous service in the Government on a permanent post or temporary post subsequently made permanent for a minimum period of five years shall in the event of permanent absorption in the University, be allowed if the employee so wishes, retirement benefit in respect of the past continuous service rendered in the Government provided that the transfer is in the public interest and provided that he has not availed of retirement benefits in the Government. All transferred Government servants, who have resigned or retired from Govt. service and have been absorbed in the service of the University without any break, shall be entitled to pension and gratuity from the University on the basis of their total qualifying service rendered under the Government and the University, provided they refund to the University, the pension and gratuity received by them for service rendered under the Government. In case they do not chose to count their former State Government Service for withdrawal of pension / gratuity from the University, they will be entitled to the benefits of C. P. Fund only for the period of the University Service.