JUDGMENT :

Anant S. Dave, J.

Rule. Learned AGP Shri S.P. Hasurkar waives service of rule on behalf of - State.

2. This petition under Article 226 of the Constitution of India is filed by the petitioner, who retired from the post of Reader from M.S. University, Baroda w.e.f. 30.11.2000 for issuance of writ of mandamus or any other writ, order or direction to the authorities, to finalise the pension case of the petitioner and make payment of pension, gratuity and commutation of pension and to release other retiral dues with reasonable rate of interest on delayed payment and also to award exemplary cost.

3. The short facts are as under:

3.1. The petitioner had joined the service as a Reader with NO.5 University on 6.10.1988 after due process of selection, in response to an advertisement. Prior thereto, the petitioner was in the service of the South Gujarat University as a Reader for the period from 31.3.1986 to 5.10.1988 and even before that, the petitioner had served as a lecturer at S.V.R. College of Engineering and Technology, Surat from 4.12.1975 to 31.3.1986 and earlier appointment of the petitioner was with B.V.M. Engineering College at Vallabh Vidyanagar, on the post of Assistance Lecturer from 22.7.1968 and was their uptil 3.12.1975. Thus, the petitioner has rendered his services in various educational institutions as a teaching staff from 22.7.1968 till permitted to retire voluntarily from the post of Reader on 30.11.2000 with NO.5 University.

3.2. The petitioner submitted an application for voluntary retirement and sought permission of NO.5 on 3.8.2000 on completion of 32 years of total service in various educational institutions. The above application of seeking permission for voluntary retirement w.e.f. 30.11.2000 was forwarded by NO.5 - University to the Commissioner of Higher Education - NO.4 herein and as per procedure, a certificate is to be issued by the Director of Pension and Provident Fund - NO.1 herein with regard to pensionable service of the concerned officer, after verifying the original service book of the petitioner. By a letter dated 8.11.2000, a certificate was issued to the effect that petitioner had completed pensionable qualifying service of more than 25 years and upon the above certificate after careful scrutiny by Commissioner of Higher Education - NO.4 herein, by order dated 4.12.2000 sanctioned the voluntary retirement of the petitioner w.e.f. 30.11.2000 and consequential order came to be passed from NO.5 - University on 2.3.2001.

3.3. Therefore, by the end of the year 2000, after following all relevant procedure as required under Rules, the petitioner was permitted to retire voluntarily after considering completion of 25 years of qualifying pensionable service based on verification of service book and other relevant records of the petitioner.

3.4. It is to be submitted that so far as NO.5 - University is concerned, it is all supportive of the petitioner for receiving pension and accordingly from time to time the University has entered into correspondence with either NO.1 or NO.4 to release retiral dues of the petitioner.

3.5. From the record it appears that certain objections were raised by NO.1 on 4.8.2001 about non-exercise of option by the petitioner for pension at relevant point of time, on the basis of certain clauses of Government Resolution dated 15.10.1984 by which pension scheme was made applicable to the teaching staff of the Universities by the State of Gujarat w.e.f. 1.4.1982.

3.6. As per NO.1, the petitioner cannot be given retiral dues in view of non-exercise of option for pension, though mandatory to do so within a period of one year from the date of issue of the above Government Resolution either to continue in Contributory Provident Fund or to come under the scheme of Government Resolution and option as exercised shall be final. If any member of the staff do not exercise option wit