The liability to pay the pension and other benefits payable under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 would be that of the State Government and not the University of Mumbai.

JUDGMENT

R.D. Dhanuka, J. - Rule. Learned counsel for the respondent no.1 waives service. Ms.Jyoti Chavan, learned Assistant Government Pleader waives service for the respondent nos. 2 and 3. By consent of parties, the petition is heard finally.

2. By this writ petition filed under Article 226 of the Constitution of India, the petitioner is seeking an order and direction against the respondent no.1 to forward the pension papers of the petitioner to the respondent no.2 and seeks further direction against the respondent nos. 2 and 3 to pay the petitioner his retirement dues including pension and gratuity by treating qualifying service as continuous from his initial date of appointment i.e. from 1981 with interest at the rate of 9% per annum from the date of the pension and gratuity became due till payment or realization of the same. Some of the relevant facts for the purpose of deciding this petition are as under :-

3. It is the case of the petitioner that the petitioner is qualified as M.Sc. (Organic Chemistry) (1981) and has completed his Ph.D (Organic Chemistry) (1988). The petitioner was initially appointed as junior Analyst, a non-teaching post, on permanent basis in the Chemistry Department of the respondent no.1 University in the year 1981. He continued to be in service in the non-teaching post till 1993 without any break in services.

4. On or about 15th December, 1993, the petitioner was appointed as a lecturer after following the prescribed procedure in the respondent no.1 University pursuant to the advertisement dated 7th November, 1992 in the Chemistry Department of the respondent no.1 University. The said post was shown to be reserved for the DT/NT. No suitable candidate was available. No reserved category candidate was available for the said post. The petitioner was thus appointed on the said post on the temporary basis. The petitioner continued on the said post by the respondent no.1 without break in the service as a full time lecturer by issuing fresh appointment letter on yearly basis.

5. It is the case of the petitioner that on 3rd April, 1999, the respondent no.1 though issued an advertisement for other posts in the Chemistry Department, did not advertise for the said post occupied by the petitioner as a lecturer in the Organic Chemistry. On 6th and 7th September, 2002, the respondent no.1 issued an advertisement for the post in the Chemistry Department of the respondent no.1. The posts in the Chemistry Department i.e. the Organic, Inorganic and Analytical Chemistry were clubbed together resulting into the ambiguity regarding the post occupied by the petitioner.

6. The petitioner filed a writ petition bearing lodging no. 2568 of 2002 in this Court. The respondent no.1 University made a statement before this Court in the said writ petition that the proposal of regularization of the petitioner on the said post was under consideration before a Special Committee along with other similar cases. The University will take appropriate decision after receiving the report from the Committee and till the decision would be taken by the University, the appointment of the petitioner as a lecturer in Organic Chemistry would continue. This Court accordingly made it clear that in case the decision of the University was adverse to the petitioner, the same shall not be implemented for the period of four weeks from the date of communication of such decision to the petitioner.

7. It is the case of the petitioner that the petitioner thereafter continued to work on his post. The said Special Committee did not submit any report. The respondent no.1 however again advertised the said post on 6th December, 2007. The petitioner once again filed a writ petition bearing no. 1318 of 2008 in this Court. By an order dated 18th June, 2008, this Court recorded the statement made by the University that out of the three posts advertised for the post of lecturer in the Department of Chemistry in respect of one post, no further steps will be taken pursuant