Pension is a valuable right and cannot be taken away without due process of law.

JUDGMENT :

B.R. Sarangi, J.

The petitioner, who was working as Faculty in the Department of Zoology of Utkal University and retired as Professor, has filed this application to quash the order dated 16.12.2002 reverting him to the post of Reader with retrospective effect, and consequential rejection of the appeal as well as representation of the petitioner by the Chancellor vide orders dated 15.02.2003 and 26.02.2007 in Annexure11 Annexure-12(B) respectively.

2. The factual matrix of the case, in hand, is that the petitioner was appointed temporarily as Professor of Zoology against the Lien vacancy of Dr. (Mrs) P. Mohanty Hejmadi up to 15.07.1998 in the P.G. Department of Zoology, Utkal University in the scale of pay of Rs. 4500-7300/- pursuant to the decision of the Syndicate and subsequent order of the Vice-Chancellor, after following regular process of selection, in response to which he joined on 29.11.1997. The petitioner was directed to hold the office as whole-time Director of Academic Staff College, Utkal University temporarily, pursuant to order of the Vice-Chancellor dated 29.06.1998 (which was communicated by the Registrar vide office order dated 17.07.1998), as a consequence of which he held such post with effect from 30.06.1998 in addition to the post of Professor of Zoology in the P.G. Department. Consequent upon joining of Dr.(Mrs) P. Mohanty-Hejmadi, the petitioner was reverted to his parent post, as Reader of Zoology, with effect from 01.07.1998 while working as wholetime Director of Academic Staff College. But the said order of reversion dated 10.08.1998 of the petitioner to the post of Reader was withdrawn, vide order dated 26.04.2000, and consequentially, he was holding the post of Professor of Zoology.

2.1 On 18.05.2000, the Registrar addressed a letter to the Principal Secretary to Chancellor regarding regularization of the petitioner against the existing vacancy of Professor in the P.G. Department of Zoology, in order to enable him to receive pensionary benefits. In the said letter, it was suggested that since the post held by the petitioner, i.e., Director of Academic Staff College is a scheme post sponsored by the University Grants Commission, the same was not eligible for pensionary benefit and since the said post was at par with that of Professor, the petitioner may be allowed to be transferred to the P.G. Department of Zoology against the post of Professor lying vacant on the retirement of Dr. D.R. Naik w.e.f. 30.06.1998 in order to enable him to avail pensionary benefits. Consequentially, the petitioner was repatriated from the post of Director of Academic Staff College to his former post of Professor, P.G. Department of Zoology against the existing vacancy caused on the retirement of Dr.(Mrs) P. Mohanty-Hejmadi, pursuant to the order of the Vice-Chancellor dated 30.05.2000 on the basis of the telephonic discussion with the Principal Secretary to the Chancellor. Accordingly, the petitioner was directed to resume his duty in the P.G. Department of Zoology as Professor on or before 31.05.2000. The petitioner joined in the said post on 31.05.2000 and he was also retired from the post of Professor of Zoology on the very same day dated 31.05.2000 (A.N) on attaining the age of superannuation. He was also allowed to draw his salary as Professor P.G. Department of Zoology pursuant to order dated 08.11.2000.

2.2 When the matter stood thus, the petitioner was reverted to the post of Reader vide letter dated 16.12.2002 and all office orders designating him as Professor stood modified as Reader and he was allowed to draw salary, pensionary dues accordingly as per the order of the Chancellor and subsequent order of the Vice-Chancellor after more than two and half years of his retirement as Professor. As against the said order of reversion, the petitioner preferred appeal on 24.12.2002 before the Chancellor for review of his order and to restore status quo as on 01.07.1998 giving him personal hearing. But the Chancello