Appellant is entitled to pension from Tamil University de hors receipt of pension for services rendered in State Government.

F.M. Ibrahim Kalifulla, J.

These appeals arise out of the order, dated 15.12.2005, of the learned single Judge passed in W.P. (MD) No.1493 of 2004. The appellant in W.A.No.141 of 2005 was the writ petitioner. The appellant in W.A.No.242 of 2005 was the respondent in the said writ petition. Since one part of the order of the learned single Judge has been passed against the appellant in W.A.No.242 of 2005, the said writ appeal has been preferred by the respondent in the writ petition. While the appellant in W.A.No.141 of 2005 will hereinafter be referred to as the appellant, the appellant in W.A.No.242 of 2005 will be referred to as the respondent.

2.1. The brief facts which are required to be stated are that the appellant was originally employed in the Education Department of the Government of Tamil Nadu. He joined the service in the Education Department on 19.6.1961. He was last employed as a Special Temporary Assistant in the Education Department. In the year 1983, when the respondent called for applications for the post of Superintendent, the appellant, after getting the permission of the Chief Educational Officer, Ramanathapuram, applied for the said post and also attended the interview. The respondent offered an appointment to the appellant as .Superintendent in the pay scale of Rs.525925, as a direct recruit, by a communication dated 30.6.1983 and also came forward to give pay protection by taking into account his last drawn pay in the State Government. The pay of the appellant was also fixed at Rs.575/per month. By a communication dated 5.10.1983, the appellant expressed his willingness to join the respondent from 1.2.1984 after submitting his voluntary retirement application in the State Government by giving three months notice. By a communication dated 18.10.1983, the respondent granted the appellant time till 1.2.1984 to join the service. On 31.1.1984, the appellant was permitted to go under voluntary retirement by the State Government and he was also granted a pension of Rs. 229/- from the month of February, 1984. On 1.2.1984, the appellant joined the respondent, University in the post of Superintendent. On 31.1.1986, the satisfactory completion of probation of the appellant was also declared. On 10.1.1990, the appellant was promoted as Assistant Registrar. On 31.12.2001, the appellant retired from the services of the respondent University on attaining the age of superannuation, after completing 17 years of service. The last drawn pay of the appellant was Rs. 11,500/-.

2.2. It is stated that though the appellant was allowed to retire from the services, of the respondent, his pensionary benefits were not granted. By a communication dated 12.8.2002 the respondent information appellant that based on the audit objection an excess payment to the appellant to an extent of Rs.3,95,093/- was noted. By a subsequent communication, dated 27.8.2002, the provisional pension payable to the appellant was fixed at a sum of Rs.622/- with effect from September, 2002 for the services rendered by the appellant in the respondent University. The appellant made a representation on 27.8.2002. By the order impugned in the writ petition, dated 22.4.2004, the respondent directed the appellant to refund a sum of Rs.3,95,093/-, simultaneously fixing his monthly pension of Rs. 622/-. According to the respondent, the University was liable to pay a sum of Rs.1,57,234/- towards terminal benefits while the excess amount paid to the appellant from 1.2.1984 to 31.12.2001 was in the order of Rs.3,95,093 and therefore a sum of Rs.2,37,859/- was repayable by the appellant.

3.1. Mr. Vijay Shankar, learned counsel appearing for the appellant contended that the services of the appellant in the respondent University was governed by the Statutes of the Tamil University. Learned counsel referred to Chapter 26 of the Statues which deals with the service conditions of the establishment of the respondent University, both academic and non-academic. Under th