KANHAIYA LAL Vs. RAJASTHAN AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) THE petitioner was initially appointed as Research Assistant on adhoc basis vide order dated January 15, 1974 and thereafter got regular appointment as Research Assistant (Chemistry) on being selected by duly constituted Selection Committee vide order dated Sept. 4, 1975. On November 14, 1982 the petitioner was selected on the post of Assistant Professor and vide order dated August 4, 1993 the petitioner was granted senior scale of Assistant Professor w. e. f. January 1, 1991. On October 22, 1992 the petitioner made request for voluntary retirement on the ground of ill health but the request was not considered and vide letter dated January 15, 1993 the petitioner withdrew his resignation. Again vide letter dated Feb. 3, 1994 the petitioner tendered resignation which was accepted vide letter dated May 11/16, 1994. In the instant writ petition, the petitioner seeks to quash the letter dated May 11/16, 1994 with a further direction to treat the voluntary retirement of the petitioner w. e. f. May 3, 1999 and to grant him all the pensionary benefits. Validity of clause 26 (a) of the Rajasthan University Pension Regulations 1990 (for short `regulations') so far it relates to the term `resignation' has also been assailed by the petitioner.

(2.) IN the return filed by the respondents it has been averred that resignation of the petitioner was rightly accepted on completion of one month from the date of tendering the resignation w. e. f. April 18, 1994. Adhoc services rendered by the petitioner were not countable. Since the petitioner had not rendered qualifying service, he is not entitled to pensionary benefits.

(3.) SINCE the resignation of the petitioner in the instant case is not for misconduct, insufficiency, insolvency or incompetency, it is not one which will entail forfeiture of past service. In view of the fact that the petitioner has rendered 20 years of qualifying service, he is entitled to all pensionary benefits according to law.