PROF. S.P. PALIWAL S/O SHRI MUKUT BIHARI Vs. JAI NARAYAN VYAS UNIVERSITY THROUGH ITS REGISTRAR, JAI NARAYAN VYAS UNIVERSITY, JODHPUR

JUDGEMENT

(1.) By way of this writ petition, the petitioner Professor S.P. Paliwal has approached this Court craving the following relief :-

(2.) Facts in brief are that the petitioner herein was initially appointed on the post of Assistant Professor in the Department of Hindi in the respondent Jai Narayan Vyas University w.e.f. 011.1984. Upon revision of Pay Scales by the UGC w.e.f. 01.01.1996, the petitioner was given selection scale/designation of associate professor in the revised pay scales. On 07.07.2009, the petitioner applied and was selected for the post of professor in the Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya, Wardha, Maharashtra. On 14.07.2009, the petitioner submitted an application in the respondent JNVU to relieve and permit him to join as a Professor at the Wardha University for a period of one year while keeping lien on his existing post of associate professor in the Department of Hindi. This prayer of the petitioner was accepted. After having served for about one year at the Wardha University, the petitioner filed an application for extension and for granting him one year's extra-ordinary leave w.e.f. 17.07.2010. The said prayer for extension was accepted vide office order dated 09.08.2010 and the lien of the petitioner on the post of J.N.V.U. was extended for a period of one more year on the pre-decided terms and conditions, and he was allowed to continue at Wardha University subject to approval of the Syndicate. The petitioner, thereafter, submitted an application seeking voluntary retirement from the respondent J.N.V.U. and for grant of weightage of five years qualifying service in reference to the Pension Regulations, 1990. The application received by the respondent JNVU on 13.04.2011 was conditionally accepted vide order (Annexure-9) dated 011.2011 in the following terms:-

(3.) In the intervening period, an order (Annexure-10) dated 09.04.2011 was passed, whereby, the petitioner was promoted to the post of Professor Hindi under the Career Advancement Scheme subject to approval of the UGC w.e.f. 19.05.2001 or from the date of eligibility determined by the University, whichever was later. The petitioner, thereafter, filed an application dated 12.05.2012 to the respondent Registrar, JNVU for grant of weightage of qualifying service for the purpose of pension during his service period as Professor at the Wardha University. The Registrar JNVU, vide order (Annexure-12) dated 05.12.2012, intimated the petitioner that his prayer could not be accepted as being contrary to the University Pension Regulation's and he was not entitled to dual benefits as he had not rejoined the university at the end of lien period. A final No Dues Certificate (Annexure-13) dated 17.05.2012 was issued to the petitioner stipulating that he will be entitled to retiral benefits only in accordance with the Pension Regulation's 17(a) and (c) up to 16.07.2009. The petitioner raised a protest against the said action of the respondents by letter/representation (Annexure-14) dated 14.02012. Claiming that he retired upon attaining age of superannuation on 30.11.2011, he requested for grant of notional increments on 01.07.2010 and 2011 and to re-fix his salary accordingly. He further prayed that he should be extended weightage of four months, thirteen days in his qualifying service for purposes of Pension. The said application was not responded to whereupon, the petitioner repeated his request by another letter dated 12.05.2012 addressed to the Vice Chancellor, JNVU. Failing to get any response to his representations, the petitioner has approached this court by way of the instant writ petition claiming the above-mentioned relief.