Judgment

S.N. Phukan, J.-This appeal is directed against the judgment and order of the Division Bench of the Rajasthan High Court at Jodhpur dated 12.9.95 passed in Special Appeal No. 572 of 1995. By the impugned judgment the Division Bench dismissed the special appeal filed by the present appellant namely Rajasthan Agricultural Universi­ty constituted by Rajasthan Agricultural University, Bikaner Act, 1987. Initially by an Act Udaipur University was constituted which was renamed as Mohanlal Sudhadia University. Later Mohanlal Sukhadia University was bifurcated and present appellant university was founded by an Act of Legislature.

2. The respondent herein was an employee of the appellant university and retired from service on superannuation on 9th December, 1992. He was granted provisional pension which was subsequently reduced. Another grievance of the respondent was that the gratuity was calcu­lated only on the basic pay instead of calculating on the pay last drawn including the dearness allowance and adhoc dearness allowance in accordance with the provisions of relevant rules. The respondent, therefore, prayed that an appropriate writ/direction be issued direct­ing the appellant-U