Allahabad High Court
Professor L.R. Singh vs State Of U.P. And 4 Others on 30 July, 2015
Bench: Arun Tandon, Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?AFR
Court No. - 9
Case :- WRIT - A No. - 42442 of 2015
Petitioner :- Professor L.R. Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Saurabh Basu
Counsel for Respondent :- C.S.C.,Ram Gopal Tripathi
Hon'ble Arun Tandon,J.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner. Learned Standing Counsel appears for respondent nos.1 and 2 and Shri Hem Pratap Singh for respondent nos.3 to 5.
The petitioner before this Court was employed as Lecturer in the University of Allahabad for the period between 23.7.1957 to 27.11.1978. On 28.11.1978 he took extraordinary leave and started serving at Bhagalpur University. This continued upto 9.2.1981. On 10.02.1981 he joined at G.B. Pant Social Sciences Institute, Allahabad as a Professor and attained the age of superannuation while working in the said institute on 14.3.1995. It is not in dispute that on the date the petitioner joined at G.B. Pant Social Sciences Institute, Allahabad as well as on the date he retired from the said institute i.e. 14.3.1995 the institute was not within the administrative or financial control of the University of Allahabad, which was a State university at the relevant time. It is admitted to the petitioner that at the relevant time G.B. Pant Social Sciences Institute, Allahabad was under the control and supervision of the Central Government and the salary etc. of the petitioner was also paid through the funds made available by the Central Government to the institute directly with no say of the University of Allahabad.
The University of Allahabad was declared a Central University under the provisions of the Act No.26 of 2005 and G.B. Pant Social Sciences Institute, Allahabad was made an institute of the Central University under the said Act.
The petitioner with reference to the provisions of Section 5 of the Act No.26 of 2005 claims that his pension should be fixed after taking into consideration the services rendered by him between 23.7.1957 till the date of retirement i.e. 14.3.1995 at difference places.
Since his claim for computation of pension as aforesaid was not being considered, he approached this court by means of Writ Petition No.39415 of 2012. The writ petition was disposed of requiring the Vice Chancellor of the Central University to take a decision in the matter.
The Vice Chancellor under the order dated 22.11.2014 has recorded that having regard to the status of the Allahabad University vis-a-vis G.B. Pant Social Sciences Institute, Allahabad in the year 1982 as well as in the year 1995, it is apparent that the petitioner lost his lien with the Allahabad University, which was a State university in the year 1982 after he became an employee of the Central Institute i.e. G.B. Pant Social Sciences Institute, Allahabad. It has further been recorded that under the Government Order relied upon by the petitioner dated 26.9.1997 only such employees, who were working in the institute with GPF scheme on being transferred to an institute which had pension scheme applicable could be granted benefit of computation of their qualifying service after adding the services of the earlier institute, on GPF money being deposited. But in the case of the petitioner the facts are otherwise. He was working in an institute to which pension scheme was applicable namely Allahabad University, which was state university at the relevant time. He was subsequently appointed in G.B. Pant Social Sciences Institute, Allahabad, where GPF scheme was available. Therefore the provisions of the Government Order would not apply.
Lastly it has been recorded that under Section 5-C and 5-D of the Act No.26 of 2005 all retirees are entitled to continue to draw pension in terms of the provisions as were applicable at the time the University of Allahabad was declared a Central University. It has therefore been recorded that in terms of the provisions pertaining to pension as were applicable in the year 2005, the services of earlier period cannot be counted for the purposes of computation of pension.
We do not find any illegality in the order of the Vice Chancellor of the University of Allahabad. There is hardly any denial to the loss of lien by the petitioner on his being appointed as Professor in G.B. Pant Social Sciences Institute, Allahabad in 1982, which was an institute run and managed under the control of the Central Government with no financial or administrative control of the Allahabad University, which was a State University at the relevant time.
For the reasons recorded in the order of the Vice Chancellor with which we are in agreement, we find no merit in this writ petition, it is accordingly dismissed.
(Mahesh Chandra Tripathi,J.) (Arun Tandon,J.)
Order Date :- 30.7.2015
SP/
