S M QAMARUZZAMA Vs. RAJENDRA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) A .K. Ganguly, J. - All these batch of cases are heard together as the questions of law which fall for consideration before this Court are common in all these writ petitions. Factually, also the cases have great deal of similarity with some minor variations.

(2.) THE facts in C.W.J.C.No.8532 of 1997 are noted herein below : - The petitioner joined the Bihar Agriculture Service on 20th June, 1956 as a Junior Research Assistant and subsequently promoted to the post of Senior Assistant Research Officer, which is also known as Assistant Recruitment officer, with effect from 14.10.1961. Rajendra Agriculture University (hereinafter referred to as the said University) was created in 1971 and most of Government employees who conducted research and were imparting education in the agriculture field, were absorbed in the newly created University and as such they submitted their resignation and the petitioner also submitted his resignation, and the petitioner 's services were absorbed in the said University with effect from 1.7.1986. Thereafter, the petitioners retired from the services of the said University as Assistant Professor/Assistant Research Officer on 31st July, 1994.

(3.) FACTS IN C.W.J.C. No. 9701 of 1997 In this case the petitioner was appointed in the year, 1955 as Junior Research Assistant in the department of Agriculture, Government of Bihar. On 11th July, 1981 the petitioner resigned from the service of the State Government and the same was accepted by the Agriculture Department, Government of Bihar with effect from 31st March, 1977. Thereafter the petitioner was absorbed in the University service on 20th March, 1979 with effect from 1st April, 1977, and was promoted to the post of Senior Scientist -cum -Associate Professor. On 31st July, 1993, the petitioner retired from the service of the University. Then on 2nd December, 1994, the University sanctioned the payment of proportionate pension and gratuity payable by them after deducting the amount of pension and gratuity payable by the State Government. But as retirement benefit was not paid by the University, the petitioner filed C.W.J.C.No. 784 of 1995. The said writ petition was disposed of by this Hon'ble Court by an order dated 6.8.1996 directing payment of admitted dues of the petitioner along with interest. Thereafter, on 7.2.1997 pursuant to the said direction of the Hon 'ble Court, the State Government sanctioned the payment of proportionate pension with effect from 1.4.1977. In this case also circular No.241 dated 29.1.1997 and its communication by letter dated 15.3.1997 has been challenged.