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2011 Supreme(Raj) 936
[Citation : 2012(3) RLW 1987 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
University of Rajasthan Vs. Prem Lata Agarwal (Mishra, CJ.)
HON'BLE ARUN MISHRA, CJ.
HON'BLE BELA M. TRIVEDI, J.
University of Rajasthan & Anr.
Versus
Prem Lata Agarwal
D.B. Special Appeal (Writ) Nos. 292 & 1060 of 2011, decided on 15.09.2011
Ajeet Kumar Sharma, Sr. Advocate with Rachit Sharma, for Appellants;
Ashok Gaur, Sr. Adv. with Shailesh Prakash Sharma, N.K. Bhatt, for Respondents
Headnote:Rajasthan Universities Teachers and Officers (Special Conditions of Service) Act, 1974, Sec. 3(3); University Pension Regulations, 1990, Regulation 2 and 22 — Grant of pensionary benefits — Petitioners were appointed as Lecturer u/S. 3(3) of the Act — Retired after rendering continuous services for 20 and 22 years — Denied pensionary benefits as they were not appointed on substantive basis — Held — The University did not make substantive appointments for three decades and their services were treated on regular basis for all purposes — They were serving against substantive posts — They opted for pension scheme on options being invited from them and they had contributed towards pension scheme w.e.f. 1990 — Benefits of the pension scheme ought to have been extended to them — When the employees, who were highly qualified and served in heydays of their life, it is corresponding obligation cast upon the employer to look after them in their old age — Directed to extend the pensionary benefits forthwith.
Appeal dismissed. (Paras 18 to 27)
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2. The petitioners, namely, Prem Lata Agarwal, after rendering continuous service for more than 20 years, retired from the post of Assistant Professor (Lecturer), Chemistry w.e.f. 30.6.2001 on attaining the age of superannuation. Similar, petitioner, Dr. Janki D. Moorjani was appointed as Assistant Professor (Lecturer) in the Department of Psychology, University of Rajasthan vide order dated 20/21.8.1985 and after rendering continuous service for about 22 years, she was retired w.e.f. 30.6.2007 on attaining the age of superannuation.
3. It was submitted that petitioner-Prem Lata Agarwal was appointed in the year 1981 as Assistant Professor (Lecturer), Chemistry after following due process of selection. The applications were invited by issuing advertisement and having found suitable for the post, she was appointed vide order dated 5.1.1981 in accordance with the provisions of Section 3(3) of the Rajasthan Universities' Teachers and Officers (Special Conditions of Service) Act, 1974, later amended by the Rajasthan Universities' Teachers and Officers (Special Conditions of Service) (Amendment) Act, 1984 (Act N. 18 of 1984) to be cited as the "Rajasthan Universities' Teachers and Officers (Selection for Appointment) Act, 1974 (hereinafter referred to as 'the Act of 1974'). Similarly, the appointment order of petitioner-Dr. Janki D. Moorjani mentions that she was appointed under the provisions of Section 3(23) of the Act of 1974. The appointment was made on adhoc basis upto the last working day of the current academic session or till further orders whichever was earlier. However, the fact remains that both the petitioners continued to serve uninterruptedly till they attained the age of superannuation. On coming into force of Pension Regulations of 1990, options were invited from the employees. The petitioners-respondents were asked to opt either for pension under the Pension Regulations of 1990 or to continue in the Contributory Provident Fund Scheme (for short "the CPF Scheme"). Both the petitioners-respondents had opted for pension and thereafter, they retired after rendering services for more than 20 and 22 years respectively. Though the age of retirement of Prem Lata Agarwal fell on 25.3.2001, however, considering the provisions of the Rajasthan Universities' Teachers (Absorption of Temporary Teachers) Ordinance, 2008 (hereinafter referred to as 'the Ordinance of 2008'), she was retired w.e.f. 30.6.2001 at the end of the academic session. Similarly, Dr. Janki D. Moorjani was retired w.e.f. 30.6.2007, though as per date of birth, she attained the age of superannuation on 15.6.2007. In the pay slips, it was mentioned that they have opted for pension scheme. The pay slip of Dr. Janki D. Moorjani for the month of June 2007 (Ann.9) and that of Prem Lata Agarwal for the month of February 2001 (Ann.2) in writ petitions Nos. 6014/2008 and 2740/2010 respectively have been placed on record.
4. The petitioners have submitted that the benefits of regular lecturers were extended to them. Increments were added every year and the benefit of pay scale was also given to them. Prem Lata Agarwal has done M.Sc. in Chemistry in the year 1966 with specialization in Inorganic Chemistry. She did Ph.D. in the year 1971. she worked with famous academicians. There is a long list of her publication work, refreshers/orientation courses, post doctoral research, prizes/scholarship/fellowship. Before joining the University of Rajasthan she has also worked as Lecturer in Chemistry in Women's College, Banaras Hindu University, Varan
