MOTI LAL SHARMA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) THE short question which arises for consideration of this Court in this writ petition is as to whether consequent upon the retirement of the petitioner from services of the respondent University, whether it was open to the respondent university to withhold the post retiral statutory benefits as admissible to the petitioner on attaining the age of superannuation, i. e. , provident fund and gratuity and such other consequential benefits to which he was entitled in accordance with law?

(2.) THE facts giving rise to the filing of this writ petition briefly stated are that the petitioner was appointed as stenographer in the University of Rajasthan, Jaipur on September 3, 1966 and was allotted a residential quarter bearing No. M-7 by the Rajasthan University in the University, Campus and resided in the said quarter from 1979 to 1989he retired from the services of the respondent-university on attaining the age of superannuation on September 30, 2989.

(3.) THE grievance of the petitioner is that after his retirement from service of the University he was not given his post retiral benefits, namely, provident fund and gratuity. The petitioner's contribution towards provident fund was 50%. as employee's contribution, while the contribution of the University in the said account as an employer was also to the extent of 50 %. The total amount of provident fund which had thus accumulated in favour of the petitioner as on the date of his superannuation was Rs. 45,000. 00 in accordance with the Rules. The petitioner rendered his. services for a period of more than 24 years in the University and hence in accordance with the Provident Fund Rules he was entitled for 12 months salary as gratuity benefits amounting to Rs. 30,000. 00 which have not been paid to the petitioner till date. The amount of provident fund and gratuity as admissible to the petitioner had been thus illegally withheld by the University on the pretext that certain rental dues were outstanding against him for his occupation of the quarter allotted to him for his residence.