A retired employee is entitled to pension based on documented employment, and denial without valid reasons is unlawful.

JUDGMENT :

Ravindra V. Ghuge, J.

1. This Petition is listed in the ‘Prioritised Cases’ category. It was heard yesterday and today for a long time.

2. This Petition has been lodged on 8^th December, 2008 by the Petitioner, who did not receive pension for 5 years after she superannuated on 31.10.2003. The prolonged wait for 5 years, even after issuing a legal notice through her Advocate, which was met with a reply of the University dated 12.6.2008, disowning her very engagement and employment with the University, prompted the Petitioner to approach this Court. She is around 84 years of age today.

3. The facts of her case are quite clear. She had made an application dated 24.12.1984 for appointment as a Research Officer, to the University. She was interviewed by the University on 8.2.1985. By an appointment order dated 18.3.1985, issued on the letter head of the Pune University (presently, the Savitribai Phule Pune University) and signed by the Registrar, she was appointed as a Research Officer. She was placed in the Rs. 1200-50-1300-60-1900 pay scale and her basic pay was fixed at Rs. 1200/-, along with all University approved allowances, including Vehicle Allowance. She was deployed with the University’s Educational Research Centre as a Research Officer.

4. Considering the controversy before us, wherein Pune University disowns the engagement of the Petitioner on it’s roles, we deem it appropriate to reproduce clauses (3), (4), (5) and (6) of the appointment order dated 18.3.1985, hereunder :

5. The translated meaning of the above reproduced clauses is that :

a] the Petitioner has been appointed under the Pune Universities Act, 1974. She would be covered by Rules, Regulations, Ordinances and Statutes of 1963, along with all amendments and changes, that may occur from time to time. If there are any changes in the service conditions made by the State Government, she would be bound by such amendments.

b] She will have to be examined by the Medical Health Centre of the University and after she is found to be medically fit, she would be allowed to join duties.

c] While joining the service of the University, her educational qualification record, birth date, experience certificate, social status certificate, will have to be tendered in original form and the Officer of the Administrative Department of the University would receive the said documents.

d] She should also submit the salary certificate of her earlier employment, the pay scale and documents pertaining thereto, including the relieving letter from the earlier employment. If the Petitioner agrees to such conditions, she would be inducted in the service of the University.

6. When the Petitioner was due for superannuation on 31.10.2003, the Deputy Registrar, Administration informed the Public Relations Officer ¼tulaikdZ vf/kdkjh½ of the Pune University that the Petitioner would be superannuating on 31.10.2003. Her date of appointment is 29.4.1985. Her deployment was in the Educational Multi Media Research Centre (EMMRC).

7. In the last 17 years, neither the Pune University, nor the UGC nor the State Government have entered an affidavit in reply. Notice was issued in this Petition on 22.9.2009. On 26.11.2009, this Court admitted the Petition and made Rule returnable early.

8. The learned Advocate for the University has vehemently opposed this Petition on the ground that the Educational Multi Media Research Centre (fully funded by the UGC), University of Pune Campus, Pune, through its Director, had informed the Vice-Chancellor vide communication dated 8.11.2010, that the draft of the Minutes of the meeting of the Board of Management of EMMRC, Pune be approved. The draft Minutes of the EMMRC, Pune held on 22.1