JUDGMENT M. Katju, J.
1. This writ petition has been filed for a writ of certiorari quashing the impugned order dated 3.8.2001 Annexure-13(a) to the writ petition and for a mandamus directing the respondents to recalculate the pension due to the petitioner by adding his service from 1.3.1963 to 8.9.1967 in the Directorate of Industries and to pay him arrears with interest accordingly.
2. We have heard learned counsel for the parties.
3. The petitioner was selected and joined as Record Keeper-cum-Accountant in the Directorate of Industries, Kanpur on 1.3.1963. Thereafter the petitioner was selected as Superintendent (Examination) in Kanpur University in 1967. He resigned on 8.9.1967 from the Directorate of Industries and joined on the same day as Section Officer, Kanpur University. True copy of the order of the Directorate of Industries accepting the resignation of the petitioner from the post of Record Keeper-cum-Accountant w.e.f. 8.9.1967 is Annexure-3to the writ petition. The petitioner was promoted in 1978 as Assistant Registrar and transferred from Kanpur University to Garhwal University and thereafter in August 1991 he was transferred as Assistant Registrar to Allahabad University and within a month thereafter he was promoted as Deputy Registrar. The petitioner's date of birth is 5.10.1934 and he retired from the post of Deputy Registrar, Allahabad University on 31.10.1994. By the G.O. dated 24.1.1984 the post held by the petitioner in Allahabad University has become pensionable vide Annexure-4 to the writ petition. The petitioner has alleged that he held a pensionable post in the Directorate of Industries, U.P. and hence the period he spent on that post should be added to his service in Kanpur University for the purpose of pension.
4. In paragraph 16 of the writ petition it is alleged that the State Government by order dated 26.9.1997 inter alia directed that for calculating the pension payable to teaching and non teaching employees of the State Universities, the period of service rendered on a pensionable post under the State Government may be added. True copy of the said order dated 26.9.1997 is Annexure-5 to the writ petition. The petitioner has made. representation in this connection to the Director, Higher Education dated 30.10.1998 Annexure-11 to the writ petition. He made another representation dated 26.5.2001 vide Annexure-13 to the writ petition. However, as stated in paragraph 27 of the writ petition, the Deputy Secretary (Higher Education) U.P. has informed the petitioner by his order dated 3.8.2001 that his representation has been rejected vide Annexure-13(a) to the writ petition. In paragraph 29 of the writ petition it is stated that the petitioner's service was uninterrupted since he resigned from the post under the Directorate of Industries on 8.9.1967 and joined his new post in Kanpur University on the same day. Hence it will be deemed to be uninterrupted service in view of Article 370 of the Civil Service Regulations.
5. The petitioner has referred in paragraphs 32, 33 and 34 of the writ petition to the cases of various professors of various Universities where the same benefit claimed by the petitioners have been granted vide Annexures-15 and 16 to the writ petition.
6. A counter-affidavit has been filed by the Allahabad University in which the claim of the petitioner has been denied. In paragraph 11 it is stated that the earlier service of the petitioner in the Directorate of Industries is not liable to be added for the purpose of pension to his service in Kanpur University.
7. It appears that no counter-affidavit has been filed by the State Government although on 2.11.2001 this Court granted one month's time to the learned standing counsel to file counter-affidavit. Thereafter on 23.1.2002 one month's further time was allowed to file counter-affidavit and on 16.4.2002 again one month further time was granted to file counter-affidavit. However, as yet no counter-affidavit has been filed by the State Government and we are not inclined to adjourn the case any further.
8. The short question in this case is whether the petitioner's service in the Directorate of Industries, U.P. is liable to be added to his service in the University for the purpose of calculating his pension. The relevant G.O. in this connection is G.O. dated 26.9.1997. Annexure-5 to the petition. That G.O. states that service under the Government is to be added to the service in the University provided the earlier appointment was regular and the post has been validly created. The further requirement is that the earlier service should be pensionable and the employee should be of the State Government. In the impugned order dated 3.8.2001 Annexure-13(a) to the writ petition the claim of the petitioner has been denied without giving any proper reason as a perusal of the Impugned order shows. The petitioner's assertion that he was appointed in the Directorate of Industries in a regular manner, after selection vide paragraph 3 of the writ petition has not been denied by the State Government since no counter-affidavit has been filed by the State Government. The allegation in paragraphs 11 and 17 of the writ petition that the petitioner held a pensionable post on regular basis in the Directorate of Industries has also not been denied by the State Government. Hence in our opinion, we have to conclude that the petitioner was regularly selected on a pensionable post and hence he is entitled to the benefit of the G.O. dated 26.9.1997.
9. The petition is, therefore, allowed. The respondents are directed to add the petitioner's service in the Directorate of Industries to his service of Kanpur University for the purpose of pension and recalculate the pension accordingly. The petitioner will get all consequential benefits and arrears with interest at 12% per annum from the date on which he should have been paid till the date of payment. Arrears with interest shall be paid to the petitioner within two month of production of a certified copy of this order before the authority concerned.