IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9389 of 2005 GOPAL PRASAD SINGH Versus L.N.MITHILA UNIVERSITY & ORS ----------- 08/ 23.03.2010 Mr. Sunil Kumar Singh for the petitioner, Mr. Anil Singh for the Bhagalpur University and Mr. Saket Tiwary, learned counsel for the L.N. Mithila University are present. The only issue which requires for determination is whether the services rendered by the petitioner from the date of his initial appointment on 4.1.1964 until his services were approved by the Syndicate i.e. 30.1.1971 (Annexure-2) during the period of affiliation, would reckon as qualifying service for the purpose of re-calculation of his pension and pensionary entitlements. The petitioner was appointed as a Lecturer in J.M.S. College, Munger on 4.1.1964 on a temporary basis and which appointment was regularized under the order dated 25.5.1964 with effect from 4.1.1964, the date of initial appointment (Annexure-1). The University Service Commission gave concurrence to the appointment of the petitioner on 27.1.1967 and the post was sanctioned on 15.6.1967 (Annexure-7/B). The appointment of the petitioner found approval by the Syndicate on 30.1.1971 (Annexure- 2). The college in which the petitioner was working became a constituent unit of the Bhagalpur University in 1980 under the provisions of Section 4(14) of the Bihar State Universities Act, 1976. The petitioner served under the Bhagalpur University for the period - 2 - until 30.11.1987, when his services were transferred to the L.N. Mithila University on 1.12.1987 and where he worked until 30.6.1988 i.e. the date on which he superannuated from the post. Non-payment of the retiral benefits led to filing of a writ petition bearing C.W.J.C. No. 7366 of 2004 which was disposed of on 9.7.2004 (Annexure-4) by a general order. Non-compliance of the directions of the Court led to filing of M.J.C. No. 498 of 2005 and during pendency of which, the retiral benefits of the petitioner was paid calculating the qualifying service with effect from 30.1.1971 being the date on which the services of the petitioner were approved by the Syndicate. Admitted position is that the entire retiral benefits admissible to the petitioner on the basis of qualifying service from 30.1.1971 stands paid to him. The petitioner by way of the writ petition raises two disputes, namely- (a) The service rendered by him from 4.1.1964 to 30.1.1971 should qualify as qualifying service for pension; (b) His G.P.F. accumulation for the period 1965 to 30.11.1987 which was remitted to the Bhagalpur University has not yet been paid to him. Learned counsel for the petitioner in support of his contention refers to the definition of qualifying service in terms of the provisions of the Statutes for grant of retirement benefits to employees of the Bihar/Ranchi/Bhagalpur/Magadh/L.N. Mithila/K.S.D. Sanskrit Universities which came into force from 14.11.1980. He refers to the - 3 - definition of qualifying service present at Clause 2(i) and Clause 14(iii) of the said Statutes. Clause 14(iii) of the Statutes no doubt provides for counting of the service rendered by an employee in a college affiliated to a University but also provides a rider to the effect that the employers contribution to the provident fund together with interest for the said period has to be deposited in the University either by the employer or by the employee concerned who is seeking the benefit. Mr. Anil Singh, learned counsel appearing on behalf of the Bhagalpur University submits that in so far as the contention of the petitioner for counting his services from 4.1.1964 is concerned, he is not entitled to the same for the reason that the post on which he was working did not find approval of the Syndicate. He refers to the proceedings of the Syndicate dated 20.5.1967 placed at Annexure-A of the counter affidavit. He further refers to a document placed at Annexure-7/B of the writ petition and which shows that the post on which the petitioner was working got sanction only on 15.6.1967. He thus submits that in no event the services rendered by the petitioner from 4.1.1964 until 15.6.1967 i.e. the date on which the post was sanctioned, can be counted as qualifying service. He submits that as the Syndicate approved the appointment of the petitioner only on 30.1.1971, hence it would imply that the post on which the petitioner was working was also approved with effect from the said date and thus the petitioner was not entitled for counting his past service. With reference to Annexure-A to his counter affidavit, he submits that - 4 - the amount of provident fund for the period of service rendered in Bhagalpur University was already transmitted to the L.N. Mithila University and it is manifest from the letter of the Registrar addressed to the In-Charge, Principal dated 6.10.2006. He thus submits that the said amount of Rs. 40,477/- is to be paid also by the L.N. Mithila University. Learned counsel for the L.N. Mithila University submits that the admissible claims of the petitioner has already been paid and if the said G.P.F. claim of the petitioner transmitted to the L.N. Mithila University for the services rendered by the petitioner under Bhagalpur University has not been paid to him then the same would also be paid without any further delay. Learned counsel for the two Universities, however, jointly submit that there is a categorical stipulation in Clause-14(iii) of the Statutes that if the continuous service rendered by an employee while during the period of affiliation followed by University service can be counted as qualifying service provided the employer or the employee concerned would deposit the provident fund contribution of the employer along with interest. A perusal of the proceedings of the Syndicate present at Annexure-A of the counter affidavit filed on behalf of the L.N. Mithila University seen along with Annexure-7/B of the writ petition, manifests that although the petitioner was appointed on 4.1.1964 but the said post did not get sanction until 15.6.1967. Thus the period rendered by the petitioner from 4.1.1964 to 15.6.1967 under no - 5 - circumstances terms can be counted as a qualifying service. Admitted position is that the petitioner has been paid his retiral benefits on the basis of the approval granted by the Syndicate i.e. with effect from 30.1.1971. In such situation, keeping in view of the provisions of the Clause 14(iii) of the Statute of the University, if the petitioner would deposit the employers contribution of provident fund together with interest as calculated by the L.N. Mithila University for the period 15.06.1967, when the post was sanctioned up to 30.01.1971, the said University would re-calculate the pension and pensionary entitlements of the petitioner with effect from 15.6.1967 and pay him the arrears thereof after adjusting the amount(s) already drawn by him. The petitioner would be at liberty to demonstrate that the employers contribution has already been deposited. As there is no dispute regarding the provident fund amount for the period of services rendered by the petitioner in the Bhagalpur University in the light of Annexure-A to the counter affidavit of the Bhagalpur University, the said amount, if not yet paid to the petitioner by the L.N. Mithila University, should be paid to him. The exercise of recalculation of pension and payment thereof as also the provident fund amount should be completed within three months from the date of receipt/production of a copy of this order which should also be accompanied by a claim application in terms of Clause 14(iii) of the Statues. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.) - 6 -