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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Biren Vaishnav, J.
Krishna Narayana Iyer – Appellant
Versus
State Of Gujarat – Respondent
SPECIAL CIVIL APPLICATION No. 20385, 20394 of 2019
Decided on : 04-08-2022
Constitution of India, 1950 – Article 31(1), 14 – Pension Rules, 1950 – Rule 41 (1) (a) – Pension Act, 1871 – Retired employees, two in number, of the teaching staff in Saurashtra University have prayed for reliesfs – Petitioner of Special Civil Application was appointed as a Reader by University – It is case of petitioner that he was promoted as a Professor under Merit Promotion Scheme of University Grants Commission – Held, Financial burden was no ground to deny benefit of pension – In para 14 Division Bench categorically held that any appointment either direct or by transfer or by changing post in same institute by securing a higher post or same post after 1982 is governed by pension scheme and clause 4 thereof would entail that they would not have to exercise option but they would automatically coem under pension scheme – Division Bench decision has received affirmation by Apex Court and it is a fact which is brought out by learned counsel for respective parties that beneficiaries of this judgment pursuant to a settlement in Lok Adalat are being paid arrears in accordance with this decision – Petitions allowed.
JUDGMENT :-
1. Retired employees, two in number, of the teaching staff in the Saurashtra University have prayed for the following reliesfs:
"B. This Hon'ble Court may be pleased to quash and set aside the respondent's action and inaction in not considering the case of the petitioner for pension by passing appropriate orders declaring him to be entitled to receive pension and further be pleased to declare that the petitioner's recruitment and appointment as Professor with effect from 15.06.1987 is fresh recruitment and therefore, he is entitled to pension as per the provisions of G.R. dated 15.10.1984 and further be pleased to direct the respondent to grant pension to the petitioner forthwith by considering the service rendered by him by issuing writ in the nature of mandamus or certiorari or any other appropriate writ, order or direction so deemed fit and proper;
C. This Hon'ble Court may be pleased to direct the respondent authorities to give benefits of GPF scheme by transferring account of the petitioner to GPF and further to give benefits of pension scheme under Statute 219 of the Saurashtra University Act within 3 months from the date of order and further be pleased to direct the respondent authorities to start monthly pension immediately to serve the purpose of justice;
D. This Hon'ble Court may be pleased to issue a writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondent to pay all pensionary benefits to the petitioner with 18% interest p.a. with effect from the date he retired;
E. This Hon'ble Court may be pleased to issue a writ of mandamus and/or certiorari or a writ in the nature of mandamus and/or certiorari or any other appropriate writ, order or directions to the respondents to approve the option form for pension submitted by the petitioner and to release all the pensionary benefits to the petitioner;
SPECIAL CIVIL APPLICATION NO. 20394 OF 2019
"B. This Hon'ble Court may be pleased to quash and set aside the respondent's action and inaction in not considering the case of the petitioner for pension by passing appropriate orders declaring him to be entitled to receive pension and further be pleased to declare that the petitioner's recruitment and appointment as Reader and Professor with effect from 19.10.1984 and 21.02.1995 is fresh recruitment, therefore, he is entitled to pension as per the provisions of G.R. dated 15.10.1984 and further be pleased to direct the respondent to grant pension to the petitioner forthwith by considering the service rendered by him by issuing writ in the nature of mandamus or certiorari or any other appropriate writ, order or direction so deemed fit and proper;
C. This Hon'ble Court may be pleased to direct the respondent authorities to give benefits of GPF scheme by transferring account of the petitioner to GPF and further to give benefits of pension scheme under Statute 219 of the Saurashtra University Act within 3 months from the date of order and further be pleased to direct the respondent authorities to start monthly pension immediately to serve the purpose of justice;
D. This Hon'ble Court may be pleased to issue a writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondent to pay all pensionary benefits to the petitioner with 18% interest p.a. with effect from the date he retired;
E. This Hon'ble Court may be pleased to issue a writ of mandamus and/or certiorari or a writ in the nature of mandamus and/or certiorari or any other appropriate writ, order or directions to the respondents to approve the option form for pension submitted by the petitioner and to release all the pensionary benefits to the petitioner;
2. The petitioner of Special Civil Application No. 20385 of 2019, Mr. Krishna Narayana Iyer was appointed as a Reader by the Saurashtra Uni
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
The central legal point established in the judgment is the interpretation of the eligibility criteria of the pension scheme for non-teaching staff under the Government Resolution dated 14.09.1988, an....
Pension scheme - Deduction of monthly salary - since the Petitioner No. 1 had been appointed prior to 1st November, 2005 and occupied a part time fully aided post i.e. receiving 100% grant-in-aid fro....
The main legal point established in the judgment is that the option to change the pension scheme should be exercised within the specified time frame, and the decision of the university to reject the ....
The court established that once an employee opts for the CPF scheme, that choice is irrevocable, barring any future claims for pension benefits under the Pension Scheme.
Vested rights cannot be retroactively revoked by legislative amendments unless explicitly stated, ensuring protection under Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is that the failure to exercise the option to join a Pension Scheme, despite multiple opportunities, constitutes waiver of the right to claim benefits....
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