HEER SINGH Vs. UNIVERSITY OF RAJ

JUDGEMENT

(1.) BY this common order, I propose to dispose of five connected civil writ petitions bearing No. 5510/2004, No. 5277/2004, No. 5268/2004, No. 5290/2004 and No. 6181/2004 as common questions of facts and law arise in all these matters. Learned counsel appearing for the parties also suggest likewise.

(2.) THE bare minimum facts that however, need a necessary mention have been extracted from S. B. Civil Writ Petition No. 5510/2004 Heer Singh vs. University of Rajasthan and Another.

(3.) THE facts culminating into the judgment recorded by the learned Single Judge in Writ Petition No. 2587/1996 reveal that the petitioner in that case was appointed as Security Guard on November 29, 1978 by the respondent University. DB Civil Writ Petition No. 94/88 was filed by the Security Guards of the University before this Court for granting pay scale at par with that of Class-IV staff of the University which was allowed on July 20, 1988. THE petitioner stood retired on April 30, 1994 on attaining the age of superannuation. He was paid gratuity for 15 years service. He was not satisfied with the same and thus submitted an application to the effect that he was entitled to gratuity on total emolumends. He averred in the writ petition that he was not paid pensionary benefits on the ground that his services as Security Guard were regularised only from 23. 11. 1987 when the writ petition was filed. He also averred that he was not paid full provident fund amount on the ground that he had not completed required number of years service after 23. 11. 1987. Cause of the petitioner was resisted by the respondent University on the ground that he was a retired military personnel and was getting pension from the Army and therefore, the amount of provident fund as admissible to him was paid. It was further averred that as per Regulation 2 of the Pension Regulations, he was not covered for grant of pension as he was a re-employed pensioner.