Judgment

B.R. Sarangi, J.

The Teachers Association of Berhampur University, Petitioner No. 1 & its members, Petitioner Nos. 2 to 51, have filed O.J.C. No. 11949 of 1999 challenging the action of the Opp. Parties in not determining & paying the pensionary benefit by taking the entire length of service up to age of 60 years into consideration & also challenging the vires of Statute 291 of the Orissa University First Statute, 1990 on the ground that the same is violative of Articles 14 & 16 of the Constitution of India. O.J.C. No. 3421 of 2000 has been filed by some of the retired employees of Berhampur University seeking similar relief like that in O.J.C. No. 11949 of 1999. In W.P.(C) No. 129 of 2007 the Berhampur University Teachers' Association, represented through its Secretary, is also claiming the same benefit.

2. Since common question of law as to whether the Petitioners are entitled to get the pensionary benefits on attaining the age of 60 years or 58 years in consonance with the provisions contained in Statute 291 of Orissa University First Statute, 1990 is involved in all these Writ Petitions, they were heard together & are disposed of by this common Judgment.

3. Berhampur University was established under Section 22 of the Berhampur University Act, 1966, Berhampur University Statute 1966 was framed, which provides the manner of recruitment of various teachers & employees of the University & their conditions of services. Under Rule 237-A (1) of Berhampur University Statute, the date of retirement of an employee was mentioned to be at the age of 60 years. On superannuation, the entitlement of an employee was provided under Rule 237(AAA), which is as follows:-

"Every employee of the University other than Vice-Chancellor, shall be entitled either to the benefit of the contributory Provident Fund Scheme provided under the chapter (herein after referred to as the C.P.F. Scheme) or to the benefit of the pension scheme applicable to the State Govt. servant from time to time as he may opt under this chapter."

4. The above Rule, inter alia, provides that rate of pension under the pension scheme shall be same as provided in Orissa Pension Rules, 1977 as amended from time to time with temporary increase. The Orissa Pension Rules, 1977 has been replaced by Orissa Civil Services (Pension) Rules, 1992, which has come into force with effect from 9.3.1992.

5. While the conditions of services of employees of different Universities were governed under their respective Universities Act & Statute, the Orissa University Act, 1989 came into force & all such Universities including Berhampur University were deemed to have been established under Section 3 of the Orissa University Act, 1989. Under Section 24(3) of the Orissa University Act, 1989, the Orissa Universities First Statute. 1990 was enacted by the State Government. Under Section 33 of the said Act, Berhampur University Act, 1966 & the Act made for the other Universities were repealed, but at the same time under Section 33(2)(a), it was made clear that notwithstanding such repeal, the authorities constituted, officers, teachers & other employees appointed, notifications issued including the notification for appointment of administrator, orders made, action taken, things done or contracts entered into under the said Act or the Ordinance, shall be deemed to have been constituted, appointed, issued, made, taken, done or entered into under this Act. Clause (d) of Section 33 provides that Statute & Regulations made under the said Act or ordinance shall in so far as they are not in consistent with this Act, be deemed to have been made under this Act & shall continue in force until new provisions are made under this Act.

6. Consequent upon enactment of Orissa University Act, 1989, under Section 24(3) of the said Act, Orissa Universities First Statute, 1990 came into force with effect from 1.1.1990, which was made applicable to the employees of all the Universities established within Orissa & on coming