Arjun Kumar vs The State of Bihar and Others

Ramesh Kr. Datta, J.—Heard learned counsel for the Petitioner and learned counsel for the University.

The grievance of the Petitioner is that the authorities of the Respondent Rajendra Agriculture University have not taken or communicated the decision regarding inclusion of his name under UGPF-cum-Pension Scheme to which the Petitioner is entitled in terms of the office order dated 21.2.2008 of the University.

The stand of the University in the counter affidavit is that the case of the Petitioner is under consideration of the University and it has not taken any final decision. .

Learned counsel for the University, in fact, submits that no decision is required to be taken at present as the Petitioner has not yet retired. This Court does not accept such submission of learned counsel for the University. Once the Petitioner''s name has not been included in the UGPF-cum-Pension Scheme which the Petitioner claims to be entitled to in terms of the office order dated 21.2.2008, the right of the Petitioner for such inclusion arises immediately and it is incumbent upon the authorities of the University to take a final decision in the matter within a reasonable period of time.

The counter affidavit was sworn on 25.10.2010 and according to learned counsel for the Petitioner even after the passage of nearly eight months no such decision has been taken.

The writ petition is accordingly disposed of with a direction to the authorities of the Respondent-University to consider and dispose of the claim of the Petitioner within a period of two months from the date of receipt/production of a copy of this order.