ABDUL AZIZ QURESHI Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) THE grievance projected by the petitioner in the instant wit petition is that despite the service rendered by the petitioner from 1988 till June 30, 2001 the retiral benefits have been declined by the respondent University vide communication dated August 24, 2001 (Ann. 7) under the pretext of Regulations 22 and 29 of the University of Rajasthan Pension Regulations, 1990 (for short `regulations' ).

(2.) AS per the averments made in the writ petition the petitioner after having served as Senior Stenographer from 1949 to 1970 under the Govt. of India (Staff of Central Public Health Engineering Research Institute) and State of Rajasthan undertakings as Personal ASsistant, joined University of Rajasthan (for short `university') on September 17, 1988. The services of petitioner were extended from time to time. In the meting held on September 24, 1991 the University resolved to appoint the petitioner as Stenographer Grade-II on substantive post in Academic Staff College vide order dated April 15, 1992. The petitioner continuously served the University till he retired on June 30, 2001. When retiral benefits were not paid to the petitioner a request was made by him on July 11, 2001. In response the University vide communication dated August 11, 2001 declined to grant retiral benefits on the pretext that he did not render qualifying service of 10 years.

(3.) AS per regulation 22 of the Regulations even the service of temporary employee is treated as qualifying service for the purpose of pension. Regulations 22 provides as under:- " Regulation 22: Condition of qualifying service: The service of an employee does not qualify for pension unless it is conforms to the following conditions:- (i) It is a paid service of a regularly appointed employee under the the University. (ii) The employment is in substantive, temporary or officiating basis. "