Point of Law: prohibits State Government from interfering with the internal administration of the University in absence of any provision made in the Act itself the decision of the University itself that they will not implement such Notification or Rules conferring the benefit of its employees without the approval of the State Government, it cannot be said that they have implemented the same. When it comes for implementation by communication dated 09.10.2004 informing the State Government by the University that they do not need any approval of the State Government by the time ‘Act, 2004’ came into existence, and therefore, for framing any statute or such Rules assent of the Chancellor is required and in absence of such assent decision of University would be rendered illegal.

JUDGMENT :

1. The petitioner by way of this petition prays to count the services of the petitioner from 04.01.1961 to 07.10.1976 rendered by him with College of Agriculture, Udaipur and Rajasthan Agricultural University, Udaipur and revise the pension accordingly and pay the arrears with 10% interest. The petitioner was serving as Professor with the erstwhile Gujarat Agricultural University, Junagadh, which is now divided into four Universities from 01.05.2004, and therefore, the respondent – Junagadh Agricultural University is the present University concerned in the matter. The petitioner is superannuated at the age of 60 years on 28.02.1994. Prior to joining of the service with Agricultural University in Gujarat, the petitioner was serving as Assistant Professor from 04.01.1961 to 31.12.1963 in College of Agriculture, Udaipur and from 01.01.1964 to 07.10.1976 as Assistant Professor in Rajasthan Agricultural University, Udaipur. Thus, the petitioner served from 04.01.1961 to 07.10.1976 in Rajasthan and thereafter joined Gujarat Agricultural University from 11.10.1976 and retired on 28.02.1994.

1.2. By way of this petition the petitioner wanted his services rendered with Rajasthan Government to be counted for the purpose of pension. The petitioner is getting pension on the basis of his service rendered in the respondent – University.

1.3. According to the petitioner, the Gujarat Agricultural University by Notification dated 06.12.1991 decided to count the services rendered by the employees in other Institutions for the purpose of pension. The said Notification came to be issued in view of the decision of the Board of Management taken in its 105th meeting at Agenda No.105.23 by Notification dated 05.05.1998, which is at page 13 of the petition. The respondent – University declared that the State Government by letter dated 03.03.1998 approved the Notification dated 06.12.1991 whereby the respondent – University resolved to treat as continuous prior service, for the purpose of pension, rendered by its employee with Central Government, State Government or its autonomous Institutions, of Central Government or State Government.

1.4. According to the petitioner the prior services rendered by him with Rajasthan Government were required to be counted for the purpose of pension by the respondent – University. Pursuant to the said Notification, the Director of the Accounts of respondent – University vide letter dated 23.05.2000 informed Assistant Administrative Officer of the University to recover an amount of Rs.95974/- including interest, which was to be paid by the petitioner for counting his earlier service rendered by him with Rajasthan Government were to be counted for the purpose of pension with the services rendered in the respondent – University. The petitioner paid the said amount by way of challan on 25.09.2000. The petitioner was asked to deposit the said amount pursuant to an order by the Registrar of the University dated 28.02.2000 as prior services rendered with the Rajasthan Government by the petitioner was to be counted as continuous services for the purpose of pension on the conditions mentioned in the said order dated 28.02.2000, which is at page 18 to the petition. However, by another communication dated 30.08.2000 by the Registrar of Agricultural University addressed to the petitioner informing that the Government Resolution, based on which Notification dated 06.12.1991 passed by the University are not clear for counting past services rendered by the employees to other State Government and autonomous Institution created under respective State laws to the State of Gujarat and the Institutions created by the Gujarat State and vice versa, it is intimated that the University shall have to approach the State Government for its approval to extend such benefits, and therefore, order dated 28.02.2000 came to be kept in abeyance whereby it was ordered that prior services rendered by the petitioner is to be counted for the purpose