ATAR SINGH YADAV Vs. CHANCELLOR (GOVERNOR BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) The petitioner, though this writ application, has claimed for grant of differential amount of gratuity on the basis of 35 years of service in terms of Article 5(ii) of the Statute for the grant of retirement benefits to the university employees dated 25.11.1982 which are in force from 14.11.1980.

(3.) The short facts of the case are that the petitioner was earlier in Bihar Education Service where he admittedly joined the services on 19.11.1949. Subsequently, he has joined Magadh University as a University Professor in the Department of Botany with effect from 6.11.1969 and retired from the said post under Magadh University on 31.3.1984. During the aforesaid 14 years 2 months of service under Magadh University the petitioner had also proceeded to foreign service on two occasions once as Pro-Vice-Chancellor in the Patna University for about 2 years and 3 months during 1975 and 1977 and on another occasion as Vice Chancellor of Agricultural University for a period of about two years 11 months. The first dispute between the parties appeared to be on the issue whether the petitioner had opted for Contributory Provident Fund-cum-Gratuity Scheme or for GPF-cum-Gratuity-cum-Pension Scheme. Because of difference between the parties on this question of fact I looked into the original records produced by the learned Counsel for the University and from the said records I am satisfied that till the time of his retirement in 1984 the petitioner had opted for and accepted GPF-cum-Gratuity Scheme as is apparent from the application for final withdrawal from the Provident Fund account dated 8.2.84.