JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following main reliefs :-

“32(a). To admit this petition.

(b) To quash and set aside the respondent's action in not considering the case of the petitioner by passing appropriate orders and declare that the petitioner's appointment/promotion as Professor is with effect from 7.9.1998 and therefore, she is entitled to pension as per the provisions in G.R. and further be pleased to direct the respondents to grant pension to the petitioner forthwith by considering the services rendered by her by issuing writ in the nature of mandamus or any other appropriate writ, order or direction.

(c) To issue a writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondents to pay all pensionary benefits to the petitioner with 18% interest p.a. with effect from the date on which she retired.”

2. Facts :

2.1. The petitioner says that she was appointed as Lecturer in History, Department of History, M.S. University, vide order dated 5.3.1979. The petitioner joined as Lecturer in History, in Department of History, M. S. University, with effect from 17.3.1979. Thereafter, she has applied for the post of Reader in History in Department of History, M. S. University, and she was selected by the Selection Committee and vide order dated 4.3.1982, she was appointed as Reader in History. The petitioner joined service as Reader in History with effect from 9.3.1982.

2.2. The petitioner was promoted as Professor under the UGC Career Advance Scheme and she was promoted with effect from 7.9.1998 vide order dated 2.8.2001.

2.3. The petitioner has retired with effect from 31.10.2009.

Thereafter, the petitioner has filed the present petition for the above quotted reliefs.

2.4. Thereafter, this Court passed the following order in the present petition on 3.4.2023 :

“1. Learned counsel for the petitioner submits that the present matter is squarely covered by the judgment and order dated 17.01.2023 rendered by the learned Division Bench of this Court in Letters Patent Appeal No.1228 of 2022 in Special Civil Application No.8767 of 2016. He also relies on the judgment and order dated 12.10.2020 passed by the learned Division Bench in Letters Patent Appeal No.737 of 2020 in Special Civil Application No.8765 of 2016.

2. Learned Assistant Government Pleader Mr. Ayaan Patel submits that the present issue has been settled by the learned Division Bench of this Court as mentioned by learned counsel for the petitioner. He submits that however some documents are needed to be verified before extending the benefits in terms of the order of the learned Division Bench of this Court. He therefore submits that the petitioner may make an appropriate representation and the same shall be decided expeditiously in terms of the judicial pronouncement of this Court.

3. In view of the statement made by learned Assistant Government Pleader, the petitioner is directed to make an appropriate representation to the respondent no.4 through the M.S.University within a period of one week.

4. Upon receipt of such representation, the same shall be decided by the respondent no.4 herein within a period of three weeks thereafter in terms of the judgments passed by this Court as mentioned herein above.

5. Let the decision on the said representation be placed on record by way of an affidavit before the next date of hearing.

S.O. to 05.05.2023.”

2.5. Pursuant to the aforesaid direction, the petitioner made a representation to the respondent authority, however, the same is rejected by the respondent authority.

3. Submission of the petitioner :

3.1. Mr. Jayraj Chauhan, learned advocate for the petitioner has submitted that the pension scheme for teaching staff in non-Government affiliated colleges and in the University was introduced vide Govt. Resolution dated 15.10.1984 and as per the provisions of the Govt. Resolution dated 15.10.1984 the petitioner is entitled to p