RAJ AGRI UNIVERSITY Vs. ZABAR SINGH SOLANKI

JUDGEMENT

(1.) These writ appeals have been preferred by Rajasthan Agriculture University and State of Rajasthan assailing the legality of the order dated 18.9.2007 passed by the Single Bench in CWP No.1738/2003.

(2.) The petitioner was serving in Rajasthan Agriculture University as Assistant Professor. Earlier he has served with the State Government in Veterinary & Animal Husbandry Department.

(3.) Thereafter, he joined the service on 5.2.1983 in the erstwhile Mohanlal Sukhadia University, Udaipur. In the year 1987, by bifurcating the aforesaid University, Rajasthan Agriculture University was formed in which the services of the petitioner were taken over. The petitioner has opted voluntary retirement from State services for joining as Assistant Professor on 5.2.1983. He was promoted as Associate Professor and he retired from the service on 30.6.1997. A circular was issued on 25.3.1995 by the Government of Rajasthan stating that in case a Government employee has taken voluntary retirement and thereafter has joined the service of University, the service rendered by such employees in the State shall not be counted for pension. After the said decision was taken by the State Government, the petitioner submitted a representation to the University to permit him to opt for pension. The petitioner was informed by the University that he had already exercised the option on 3.1.1992 opting for contributory provident fund. Consequently, his option could not be revised. The petitioner prayed that since other universities in the State of Rajasthan including Mohanlal Sukhadia University, Udaipur and Maharana Pratap University of Agriculture and Technology, Udaipur and various other university have granted such opportunity, that opportunity should also be given to him to revise his option.