Hon'ble Ashwani Kumar Mishra,J.
Heard Sri P.K. Singh, learned counsel for the petitioner and Sri Pankaj Rai, Additional Chief Standing Counsel.
Petitioner was posted as a Reader in the faculty of Commerce in I.P.College, Bulandshahar, from where he retired from service on 30.6.1998. Prior to joining in I.P.College Bulandshahar, the petitioner has worked from 10.7.1970 to 5.7.1971 in S.A. Jain College Ambala City, from 15.7.1971 to 20.7.192 in G.B. College Rohtak and from 20.7.1972 to 28.5.1977 in M.M.H. College, Ghaziabad. The petitioner claimed that the services rendered in the aforesaid colleges should be added in his service for the purposes of pensionary benefits, which has been denied by the respondents by the orders impugned dated 11.2.1999 and 26.8.2000.
At the time of hearing of the writ petition, the learned counsel for the petitioner submitted that he is confining his claim only in respect of the services rendered by the petitioner in M.M.H. College, Ghaziabad from 20.7.1972 to 28.5.1977, therefore, the writ petition confines to the issue whether the services rendered by the petitioner from 20.7.1972 to 28.5.1977 in M.M.H.College, Ghaziabad be included in the service of the petitioner for the purposes of pensionary benefits.
Learned counsel for the petitioner submitted that while working in M.M.H. College, Ghaziabad, his services have been terminated. Against which, he has filed a reference under Section 68 of the U.P. State Universities Act,1973 which has already been rejected. Against which he has filed Writ Petition No. 3478 of 1981, which has been disposed of vide order dated 25.11.1997. The writ court, on consideration of the entire facts, has observed as follows:-
" The petitioner shall attain the age of superannuation some where in the month of November, 1997. After the removal of service he, instead of assailing the order, joined another college which is affiliated to a University. Endeavor before this Court appears to be is that the period for which he rendered his service in M.M.H. College, Ghaziabad should be computed for the purposes of seniority and pensionary benefits. The petitioner insist that as he was wrongly removed from service, hence the period for which he remained under around, should also be computed along with the period he taught in M.M.H. College, Ghaziabad. We take judicial notice ofthe various circulars and orders issued from time to time by the University Grants Commission in that regard, where inthe period of service rendered by a teacher in some other college or University is computed for the purposes of pensionary benefits."
He also brought to our notice Statute 18.10(e) of the Ist Statute of Meerut University, which has been framed in exercise of power under Section 49 (4) of the U.P. State Universities Act, 1973, which provides that, 'service in a substantive capacity in an other University or another degree or post graduate college whether affiliated to or associated with the University or another University established by law, shal lbe added to his length of service'. He also referred a Government Order dated 19.2.1996, wherein, it is provided that in pursuance of the order of the Hon'ble Court, the Governor has given his consent for the inclusion of the services rendered in the various colleges.
Sri Pankaj Rai, learned Addl. Chief Standing Counsel submitted that the petitioner has been removed from service and, therefore, in view of Regulation 418 (a) of Civil Service Regulations, the past services rendered by the Employee entails forfeiture of past service, therefore, the same cannot be included. The submission of the learned Additional Chief Standing Counsel has been refuted by Sri P.K. Singh, learned counsel for the petitioner. He submitted that the Civil Service Regulations do not apply to the petitioner in view of the Statute 18.10(e) of the Ist Statute of Meerut University, which has been framed in exercise of Power under Section 49 of the U.P. State Universities Act, 1973 which is specific and applicable to the petitioner.
We have considered the rival submissions of the learned counsel for the parties. We find substance in the argument of the learned counsel for the petitioner. Section 49 (o) of the U.P. State University Act, 1973 and Statute 18.10(e) of the Ist Statute of Meerut University, provides for the determination of the length of service for a teacher for the purposes of seniority in the affiliated colleges. The Statute 18.10(e) of the Ist Statute of Meerut University reads as Under:-
"18.10 The following rules shall be followed in determining the seniority of principals and other teachers of affiliated colleges:
"e" service in a substantive capacity in an other University or another degree or post graduate college whether affiliated to or associated with the University or another University established by law, shall be added to his length of service'.
In the case of the petitioner, the Division Bench of this Court, while dealing with the case of the petitioner, relating to the removal from service, has made the observation,' we take judicial notice of the various circulars and orders issued from time to time by the University Grants Commission in that regard, wherein, the period of service rendered by the teacher in some other College or University, computed for the purpose of pensionary benefits'.Further the Government Order dated 19.2.1996, which is Annexure - 2 to the writ petition, the inclusion of past service has been approved by the Governor.
mi;qZDr fo"k;d vkids i= la-&fMxzh vFkZ [email protected]@95&96 fnukad 18-12-94 ds lanHkZ esa eq>s ;g dgus dk funsZ'k gqvk gS fd MkW0 txnh'k izlkn xkSM+ }kjk vkbZ-ih- dkyst] cqyUn'kgj esa fn- 7-12-78 dks dk;ZHkkj xzg.k djus ds iwoZ fuEu LFkkuksa ij dk;Z djrs jgs gS% 1- fnukad 10-7-1970 ls 5-1-1971 rd ,l-,- tSu dkyst] vEckyk ¼pUMhx<+½ 2- fnukad 15-7-1971 ls 20-7-1972 rd ih-ih- dkyst] jksgrd ¼gfj;k.kk½ 3- fnukad 20-7-1972 ls 28-5-1977 rd ,e-,e-,p- dkyst] xkft;kckn] mRrj izns'kA 3- bl lEcU/k esa eq>s ;g dgus dk funs'k gqvk gS 'kklukns'k la[;k&[email protected]¼15½@92&46¼92½@81] fnukad 30-6-92 dh O;oLFkk ds jgrs gq, MkW- xkSM+ }kjk mDr LFkkuksa ij dh x;h lsokvksa dks tksM+rs gq, p;u osrueku fn;s tkus gsrq ek0 mPp U;k;ky; esa ;ksftr fjV la[;k&[email protected] esa ikfjr ek- mPp U;k;ky; ds fu.kZ; vkns'k fnukad 12- 95 ds vuqikyu esa Mk0 xkSM+ ds }kjk mDr LFkkuksa ij dh x;h lsokvksa fnukad 1-1-84 ls p;u osrueku esa osru fu/kkZj.k dh vuqeU;rk ds fy, 'kklukns'k fnukad 16-1-94 ds iz;kstu gsrq x.kuk fd;s tkus dh Lohd`fr Jh jkT;iky egksn; lg"kZ iznku djrs gaS c'krsZ MkW0 xkSM+ fo'ofo|ky; vuqnku ds ifji= dh vU; 'krsZ iwjh djrs gksaA 3- bl ekeys esa mi;qZDr lhek rd 'kklukns'k la- [email protected]¼15½@92 [email protected]] fnukad 30-6-92 dks la'kksf/kr le>k tk;sA 4- ;g vkns'k foRr foHkkx dh v'kkldh; la- bZ&11&[email protected] fnukad Qjojh] 1996 esa izkIr mudh lgefr ls tkjh fd;k tk jgk gSA Hkonh;] ¼pUnzek izlkn½ fo'ks"k lfpo^^ \ In view of the aforesaid facts and circumstances of the case, we are of the view that the services rendered by the petitioner in M.M.H. College, Ghaziabad for the period 20.7.1972 to 28.5.1977 is liable to be included inthe services of the petitioner for the purposes of pensionary benefits etc. We may also state that in view of the specific provision under the U.P. State Universities Act, 1973 which is applicable to the petitioner, Regulation 418 (a) of Civil Service Regulations, which is general in nature will not be applicable to the petitioner.
In view of the above, the writ petition is allowed. The impugned orders dated 11.2.1999 and 26.8.2000 are set aside. The respondents are directed to compute the pensionary benefits and any other benefits of the petitioner, including the services ofthe petitioner rendered in M.M.H College, Ghaziabad.
Order Date :- 14.3.2014 n.u.