1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6559/1994. : : Dr. Chhatra Mohan Sharma Vs. State of Rajasthan & Anr. : : Date of Order 24.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. S. K. Singh for the petitioner. Mr. S. N. Sharma for University of Rajasthan. Heard learned counsel for the parties. 2. This writ petition has been filed by Dr. Chhatra Mohan Sharma with the prayer that respondents may be directed to count his entire period of service from 9.10.1952 to 30.6.1993 for the purpose of pension and other retrial benefits and accordingly grant him due benefits on his retirement from the service of University of Rajasthan w.e.f. 30.6.1993. 3. Petitioner initially joined services of State of Rajasthan on 9.10.1952 on the post of Teacher in the Department of Director of Education, Ajmer. After formation of the State of Rajasthan his services got merged with 2 Director of Education, Rajasthan. Subsequently he was confirmed on the post of basic Teacher vide order dated 2.6.1956 w.e.f. 1.1.1956. Later on petitioner was selected for appointment on the post of Lecturer with Basic Teachers’ Training College, Gandhi Vidhya Mandir, Sardarshahar on 12.9.1964. According to the petitioner, this institution was affiliated with University of Rajasthan and receiving 90% grant-in-aid. Payment of salary and other benefits to its staff are governed and controlled by University Grants Commission and University of Rajasthan. Petitioner was subsequently selected as Associate Professor in Education for appointment with University of Rajasthan. He was relived by Gandhi Vidhya Mandir, Sardarshahar on 3.8.1983 and he joined on the post of Associate Professor on 4.8.1983. In this manner he retired on 31.5.1993. 4. Shri S. K. Singh, learned counsel for the petitioner argued that there has not been a single day break in the services rendered by petitioner. His deduction towards provident fund etc used to be made regularly from all the three places independently. Also the petitioner has initially rendered services of 12 years to the State Government and subsequently services of 19 years were rendered by him to 3 Gandhi Vidhya Mandir, Sardarshahar, which was recognized as well as aided and was affiliated to University of Rajasthan itself. It was contended that respondents during the pendency of writ petition have granted pensionary benefits to the original petitioner and on his death subsequently benefits of family pension to his widow, who is presently prosecuting this writ petition. However, the respondents have not counted the entire period of service of the petitioner. Learned counsel referred to resolution of Syndicate of University of Rajasthan dated 20.5.1995 along with additional affidavit of the petitioner and submitted that in that resolution the Syndicate of University of Rajasthan resolved to count the services rendered by teaching staff not only with Government but also with other Universities, Government and Non-Government Colleges and autonomous organizations etc before joining services with University of Rajasthan, therefore, direction ought to be issued for counting entire service rendered by the petitioner as qualifying service for the purpose of grant of pension and other retrial benefits. 5. Shri S. N. Sharma, learned counsel for University of Rajasthan opposed the writ petition and submitted that payment of pension/family pension was started to the 4 petitioner in view of order passed by this Court even though the petitioner did not complete the requisite 10 years of service qualifying for grant of pension, the shortage of two months was there with regard to grant pension and family pension to the widow. Learned counsel referred to additional affidavits filed on behalf of respondent-University of Rajasthan on 12.9.2005 and 3.8.2001 and submitted that aforesaid resolution of Syndicate was forwarded to the Government. The Government by its letter dated 13.12.1995 requested the Registrar, University of Rajasthan to place this matter before Finance Committee for its implementation looking to the financial burden would cause to the Government. The matter was placed before Finance Committee, which in its meeting held on 21.9.1996, resolved to compute the services rendered by teachers in State Government prior to joining the University service for the purpose of pension and other retrial benefits and it was ordered to be implemented immediately. But as regards counting of services rendered by other University teachers in other Universities and other institutions of higher education prior to their joining the University service for the purpose of pension and other retirement benefits, it was decided that the same be implemented after the approval of State 5 Government. Learned counsel submitted that there can be thus no direction for counting the services rendered by petitioner in a private institution even if it was an aided institution. 6. From what has been contended by the respondents in their two additional affidavits, it is clearly evident that Syndicate of the University as well as Finance Committee, to which the matter was referred at the instance of Government, have both consistently resolved to compute the services rendered by University teachers in the State Government prior to their joining the University service for the purpose of pension and other retirement benefits and it was decided to implement immediately in that behalf. However, there is no specific decision as regards counting the services rendered by petitioner in private institution, even if it was aided institution. On the analogy that it was autonomous body and 100% aided, no direction can be issued counting such qualifying service towards government service. The respondents cannot deny to count the period of services rendered in State Government which is a substantial period starting from 9.10.1952 to 12.9.1964 when the petitioner was selected for appointment as Lecturer with 6 Basic Teachers’ Training College, Gandhi Vidhya Mandir, Sardarshahar. In the result, this writ petition is allowed in part. The respondents are directed to count the aforesaid period rendered by the petitioner in State Government as part of qualifying service for grant of pensionary benefits and other retiral benefits with the services subsequently rendered by the petitioner to University of Rajasthan and accordingly re- calculate retiral benefits of the petitioner and pay the same to his legal representatives together with interest @ 6% per annum. Compliance of this judgment be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.H/3.