M. Venkatappa Reddy vs Andhra Pradesh Agricultural University

T.N.C. Ranga Rajan, J.—This petition is filed to quash the Memo No. 21997/SER.V(A-2)/90, dated 1-3-1993 by which the respondent was denied the benefit of service rendered by the petitioner in the High Court prior to joining respondent''s service while computing the pension admissible to him.

The petitioner relies on the proceedings No.l552/SC/90, dt.10-9-90 issued by the Registrar of the University stating that in the case of persons joining the University from other institutions, past service in the other institutions will be counted for the purpose of pensionary benefits provided the pro-rata pensionary benefits are paid either by the previous employer or the individual employee concerned. The University has rejected the claim of the petitioner only on the ground that the High Court had declined to pay the pro- rata pensionary benefits on the ground that the petitioner has resigned the High Court Services before joining the University. It is now stated by the learned Counsel for the petitioner that the petitioner is prepared to pay the pro-rata amount himself and he seeks the benefit of the proceedings dt.10-9-1990 issued by the Registrar of the University. The learned Counsel appearing for the respondent - Unviersity stated that there was another objection, namely that the petitioner retired in the year 1988 and therefore, proceedings dt.10-9-1990 cannot be applied to him. The counsel for the petitioner relied upon a decision reported in R.L. Marwaha v. U.O.I., 1987 (4) SLR 728, wherein it was held that such a classification between the pensioners who have retired prior to the issue of the order and those who retired after that date is ultra vires.

In those circumstances, I am satisfied that the petitioner is entitled to the pensionary benefits in terms of the proceedings of the Registrar of the University with effect from the date of issue of those proceedings. Since the petitioner has sought only that benefit, there can be no objection for the University to grant the same. Let a direction be issued requiring the respondent to give the benefits in terms of the proceedings issued by the Registrar from the date of issue of those proceedings on the petitioner paying the pro-rata amount.

The writ petition is accordingly allowed. No costs.