PYARE LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY filing the present writ petition, the petitioner questions the legality and validity of the order dated 25.1.1996 Annx.3 passed by respondent No. 4 - Rajasthan Non -government Educational Institution Tribunal, Jaipur and notice dated 14.12.1995 Annx.2 issued by respondent No. 2 - Seth G.L. Bihani Sanatan Dharam Shikshan Sansthan Management Committee, Sri Ganganagar through its Secretary proposing his retirement after attaining the age of 58 years. In alternative, it is prayed that for any reason by the time the present writ petition is decided if the petitioner attains the age of 60 years then the respondents may be directed to give all consequential benefits such as emoluments etc.

(2.) BRIEF facts leading upto the filing of the present writ petition are that the petitioner entered in the services of respondent -Seth G.L. Bihani Education Trust on being appointed as Lecturer in Commerce (EAFM) in Seth G.L. Bihani Sanatan Dharm Post Graduate College, Sri Ganganagar run by respondent No. 2 - Seth G.L. Bihani Sanatan Dharam Shikshan Sansthan Management Committee, Sri Ganganagar. Since the College, at the relevant time, was affiliated to the University of Rajasthan, hence, his services are governed by Ordinances 67, 67 -A and 68 of the Ordinance of University of Rajasthan. In pursuant to Ordinance 68 of the Ordinance of University of Rajasthan, the petitioner entered into an agreement dated 8.2.1973, a copy whereof is filed and marked as Annx. 1 to the writ petition. It is averred that on being promoted as Vice Principal, the petitioner was made to execute another agreement in the Proforma provided by Appendix -Ill of the Rules for payment of Grant -in -Aid to Non -Government Educational and Cultural Institutions Rules, 1963 (hereinafter referred to as 'the Rules of 1963'). The subsequent agreement dated 13.8.1984 is also placed on record and marked as Annx. 4. According to former agreement dated 8.2.1973 Annx. 1, the petitioner was to retire after attaining the age of 60 years whereas according to the later agreement dated 13.8.1984 Annx.4, he was to retire after attaining the age of 58 years.

(3.) AGGRIEVED against the aforesaid notice dated 14.12.1995 (Annx.2), the petitioner approached the Rajasthan Non -government Educational Institutions Tribunal, Jaipur by an appeal which was dismissed vide order dated 25.1.1996, a certified copy whereof is placed on record as Annx.3 to the writ petition. It is also averred in the writ petition that till the establishment of Ajmer University, the College run by respondents No. 2 and 3, in which, the petitioner was appointed as a whole time teacher, was affiliated to the University of Rajasthan but thereafter the affiliation was transferred to Maharshi Dayanand Saraswati (M.D.S.) University, Ajmer without any change in his service conditions.