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Judgment
By way of this writ petition, the petitioner Professor
S.P. Paliwal has approached this Court craving the following
relief :-
"(A).By an appropriate writ, order or direction, the communication dated 05.07.2012 (Annex.11) and office order dated 17.05.2012 (Annex.13) may kindly be quashed and set aside. (B). By an appropriate writ, order or direction, the respondents may kindly be directed to grant the petitioner notional annual increments due in 2010 and 2011 along with arrears of 6th Pay Commission and salary of Professor Grade.
(C). By an appropriate writ, order or direction, the respondents may kindly be directed to consider the petitioner for all retiral benefits due to him while considering his date of retirement to be 30.11.2011 after granting him weightage of 4 month & 13 days from the date of his acceptance of voluntary retirement. "
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. 02.11.1984. 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
02.11.2011 in the following terms:-
"The Vice-Chancellor has been pleased to accept his voluntary retirement w.e.f. 17.7.2011 with the condition that the date of voluntary retirement will not be after the date of confirmation on the post of Professor at Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya, Panchteela, Umari, Wardha and the benefits of retirement will be applicable as per Rules."
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 14.03.2012.
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 abovementioned relief.
The respondents have filed reply to the writ petition
disputing the claims made by the petitioner. It is asserted
that while accepting the application for voluntary retirement
submitted by the petitioner by order dated 02.11.2011, it
was clearly stipulated that the application for VRS was
being accepted with the condition that the date of voluntary
retirement will not be after date of confirmation on the post
of Professor at the Mahatma Gandhi Antarrashtriya Hindi
Vishwavidyalaya, Wardha, Maharashtra and the benefits of
retirement will be applicable as per the University Pension
Regulation. It is further mentioned in the reply that benefit
of continued service on the strength of lien against post
could only have been conferred to the petitioner had he
returned and rejoined duty at the JNVU. Since, the
petitioner never rejoined duty at the JNVU and rather
attained age of superannuation while serving the University
at Wardha, his retirement was made effective from the date
of commencement of the leave not due in light of regulation
17(a) of the Pension Regulations. The petitioner''s claim for
weightage of five years service under Clause-18, has been
countenanced on the strength of Regulation 17(a) of the
regulations. As regards, the claim of the petitioner for
grant of benefits of CAS, the respondents have mentioned
that the said issue will be finalized after confirmation of the
date of eligibility of the petitioner for the post of Professor
and the matter is reportedly pending before a committee
constituted by the Vice Chancellor.
Dr. Nupur Bhati, learned counsel for the petitioner
vehemently urged that the respondents themselves granted
leave to the petitioner for joining at the Wardha University.
They extended the leave period and continued his lien on
the post. Thus, the petitioner is entitled to benefits of
continued service for the purpose of pension. She
submitted that as per Regulation 18 of Pension regulations,
an employee seeking voluntary retirement is entitled to a
weightage of 5 years of qualifying service, which has to be
notionally added to the qualifying service actually rendered
with the outer limit of total length of service being 33 years.
She urged that the petitioner is entitled to weightage of five
years of additional qualifying service as per the regulation
and prayed that the writ petition should be allowed in the
terms prayed for.
Per Contra, Sh. Kuldeep Mathur learned counsel
representing the respondent university vehemently opposed
the submissions advanced by the petitioners counsel. He
urged that the petitioner was clearly communicated by
order (Annexure-9) dated 02.11.2011, that his date of
voluntary retirement will not be after the date of
confirmation on the post of Professor at Mahatma Gandhi
Antarrashtriya Hindi Vishwavidyalaya, Wardha, Maharashtra
and that the benefits of retirement will be applicable as per
rules. The petitioner never raised any protest against the
said communication, which has attained finality. The
representation submitted by the petitioner for grant of
weightage of additional qualifying service for pension
purposes was rejected as being barred by the rules clearly
intimating him that he was not entitled to dual benefits as
he had not rejoined duty at the JNVU after completion of
lien period. He urged that the additional weightage under
Regulation 18 would only be admissible to an employee of
J.N.V.U. who is granted voluntary retirement under Clause-
17(a) of the regulations while continuing in service of the
University. It is clearly provided under Clause 17(c), that
for an employee seeking retirement under regulation 17(a)
while he is on leave not due without returning to duty,
retirement shall take effect from the date of
commencement of the leave not due and the leave salary if
any paid to him in respect of such leave period shall be
recoverable. He submitted that the language of the above
regulation is unambiguous and the petitioner is not entitled
to the relief claimed for in this writ petition.
I have heard and considered the arguments
advanced by the learned counsel for the parties and have
gone through the material available on record.
The basic thrust of the arguments advanced by Dr.
Nupur Bhati learned counsel for the petitioner was that the
petitioner is entitled to weightage of 5 years qualifying
service for the purpose of Pension. However, the said
argument is per-se devoid of any merit in view of clear
language of regulation 17(c) of the regulations which reads
as below :-
"17(c). If an employee seeks retirement under regulation 17(a) while he is on leave not due, without returning to duty, the retirement shall take effect from the date of commencement of the leave not due and the leave salary, if any, paid in respect of such leave shall be recovered from him."
The above regulation is not under challenge in this
writ petition. Whilst, accepting the petitioners voluntary
retirement application by order (Annexure-9), he was
clearly intimated that the date of his voluntary retirement
coming into effect shall not be after the date of
confirmation on the post of Professor at the Mahatma
Gandhi Antarrashtriya Hindi Vishwavidyalaya, Wardha,
Maharashtra and will be governed by the University Pension
Regulations which clearly provide that voluntary retirement
sought by an employee on leave not due without returning
to duty shall take effect from the date of commencement of
leave. The respondents, while accepting the petitioners
voluntary retirement application, referring to the said
regulation, considered him voluntarily retired from the date
of leave not due and rightly so in the opinion of this Court.
In view of the clear and unambiguous language of
regulation 17(a) reproduced hereinabove, the petitioner is
not entitled to benefit of weightage of additional qualifying
service as after taking leave for joining at the Wardha
University he never returned to join duty in the respondent
J.N.V.U. Regarding the remaining prayers made in the writ
petition for grant of CAS and other benefits in the grade of
Professor, the respondents have clearly indicated in the
reply that the matter is under consideration of the Vice
Chancellor to whom, recommendation has already been
made vide order (Annexure-10) dated 09.04.2011. It is
expected that if decision has not been taken till date in this
regard then the matter shall be finalized expeditiously and
not later than within a period of four months from the
communication of a copy of this order.
As a consequence of the above discussion, I am of
the firm opinion that the impugned orders (Annexure-11 & 13) dated 05.07.2012 and 17.05.2012 do not suffer from
any illegality, irregularity or perversity as the same are
absolutely in line with the Pension Regulations governing
the respondent university and resultantly, the petitioner is
not entitled to the relief claimed for in this writ petition.
The writ petition being devoid of any merit is
dismissed with the above observations. No order as to
costs.