PRAYAG DUTTA TRIPATHI Vs. PATNA UNIVERSITY

JUDGEMENT

(1.) This writ application has been filed by the petitioners for quashing of order contained in memo no. G/989 dated 13.8.1996 issued by the Registrar of the University, as contained in Annexure-1, by which petitioner no. 1 has been terminated from service with effect from 30.9.1985. A further prayer has been made by the petitioners for quashing of order contained in memo no. AC/1356 dated 11.8.2001 also issued under the signature of the Registrar, as contained in Annexure- 2, by which prayer of petitioner no. 1 for grant of pension and gratuity has been rejected in terms of the provisions of Patna University Retirement Benefit Statute Amendment No. 50-14 (VII). Petitioners have also prayed for a direction to the respondent University to pay retiral dues including pension, gratuity, leave encashment and arrears of pay of petitioner no. 1.

(2.) It is stated that petitioner no. 1 is suffering from Senile Dementia, also known as Alzheimer's Dementia and therefore petitioner no. 2, who is his wife, has been joined in this writ application and has been empowered to prosecute the writ.

(3.) Case of petitioner no. 1 is that he was appointed as Lecturer in English in Patna University on 14.9.1954 and his services were confirmed on 8.3.1960 vide Annexure-5. He went abroad for research work on 19.11.1963 and remained there till 20.1.1968. After return from abroad, he was made Head of English Department in Patna Science College on 22.1.1968 and was promoted as Reader with effect from 1.3.1974. He again left for abroad on extraordinary leave without pay from 1.1.1976. While he was abroad, he was promoted as University Professor with effect from 17.2.1984, vide notification no. 16/R dated 23.1.1985 (Annexure-6). He returned to Patna and joined Science College on 3.8.1985, vide notification dated 5.8.1985 (Annexure- 7). Within a short span of time, petitioner no. 1 again went abroad on extraordinary leave but during his stay outside India, he continued as University Professor since 17.2.1984 and a certificate to that effect was also issued by the Deputy Registrar of the University on 16.5.1988 (Annexure-8). He superannuated from service of Patna University on 30.9.1993 on affaining age of 62 years.