IMPORTANT POINT
When all the employees had joined MD University on relief from Punjab/Kurukshetra University without loss of time maintaining their continuity, they cannot be discriminated on artificial classification whether they were allotted by their previous employer or joined directly.

JUDGMENT

ARUN MISHRA, J.

1. The question involved in the present appeals is whether services rendered by the appellants in Kurukshetra University/Punjab University is qualifying service for the purpose of pension and can be added to the services rendered by them in the respondent no.1, i.e. Maharshi Dayanand University, Rohtak (hereinafter called “M.D. University”).

2. The appellants are receiving pension after their retirement from M.D. University, however, it is confined to the services rendered by them in the same university. Deceased A.N. Sachdeva and Ram Parshad Saini were appointed in Punjab University. R.K. Tuteja, petitioner no.3 and Prem Kumar were appointed as Lecturer and Clerk respectively. They were appointed without any break in M.D. University.

3. A.N. Sachdeva, since deceased was appointed as Steno-Typist in Punjab University on 7.8.1961, thereafter as Private Secretary to Vice-Chancellor in M.D. University on 1.5.1976, promoted as Deputy Registrar in August, 1988 and retired from the service of M.D. University on 31.12.2000.

Ram Prashad Saini after rendering services from 16.11.1962 to 14.1.1975 in Punjab University was appointed as Asistant in Kurukshetra University on 15.1.1975 and served till 11.5.1977 and on 12.5.1977 he was appointed in M.D. University and retired from service on 31.10.1999.

R.K. Tuteja was appointed as Lecturer in Kurukshetra University on 29.7.1964, served uninterruptedly till 20.8.1979 and was appointed on 21.8.1979 in the same capacity in M.D. University where he served till his retirement on 31.12.2001.

Prem Kumar Naveen was appointed Clerk in Kurukshetra University on 7.8.1961 and served till 6.10.1976 and next day on 7.10.1976 he was appointed in M.D. University. He retired on 28.2.2000.

4. The services of the said employees rendered by them in Punjab University/Kurukshetra University have not been counted as qualifying service for the purpose of pension by the M.D. University. Hence, the writ petition was filed by them in the High Court after rejection of their representation. The appellants submitted that M.D. University had introduced pension scheme with effect from 1.4.1995. The appellants had opted for the same. A memorandum dated 24.12.2001 was issued by the Haryana Government for counting of service rendered by employees of Punjab University/Kurukshetra University/M.D. University as qualifying service for the purpose of pension.

5. Haryana Government issued a memorandum dated 7.1.2002 confining the policy issued by it for the persons who retired after 7.1.2002, however, Finance Department issued clarification dated 9.7.2003 that instructions contained in the memorandum dated 7.1.2002 are not applicable to the employees of the university because the pension schemes of the university are different. Before that a clarification had been issued by the Government of Haryana on 5.6.2002 mentioning that the employees of the Punjab University were subsequently allocated to Kurukshetra University, Rohtak and M.D. University, Rohtak before its formation used to be regional centre of Kurukshetra University. That being the situation, decision was taken to treat the services rendered in Punjab University/Kurukshetra University as qualifying service for the purpose of pension on retirement from M.D. University, Rohtak. It was also clarified that as regards the services rendered by the employees elsewhere such as Central Government/ State Government/Autonomous Body, the same is not to be counted towards qualifying service for the purpose of pension.

6. The stand of the respondents is that the retiral benefits of the employees are governed by the provisions of M.D. University Pension Scheme, 1997 (hereinafter referred to as “Pension Scheme, 1997”). The past services could not have been treated as qualifying service for pension in view of Rule 4(vii) of the Pension Scheme, 1997 introduced with effect from 1.4.1995 in lieu of Contributory Provident Fund. Option was given to the employees to