JUDGMENT :

JAGMOHAN BANSAL, J.

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of decision whereby syndicate declared his seat/post vacant.

2. The petitioner joined Panjab University on 01.04.1981. He informed Deputy Registrar vide letter dated 22.05.1998 with respect to his plan to visit abroad. He was granted permission to visit abroad. He from time to time sought extension which was granted, however, syndicate in its meeting decided not to grant further extension and declared his seat/post vacant. He made representation dated 24.02.2002 seeking voluntary retirement. He vacated official premises in June’ 2002. He claims that he was entitled to VRS because he completed 20 years’ service.

3. Learned counsel for the respondents submits that petitioner was granted leave with pay or half pay up to 29.10.1999. He was granted extraordinary leave without pay from 30.10.1999 to 30.09.2000. As per Panjab University Calendar, extraordinary leave without pay period cannot be counted in the qualifying service. To vindicate his submissions, he relies upon paragraph 17.5 read with paragraph 17.9 of Panjab University Calendar, Volume-I. He further relied upon Chapter VI (B), Clause (G) of Part I wherein expression “Extraordinary Leave” is discussed. For the ready reference, paragraphs 17.5 & 17.9 and Clause (G) of Part I read as:

Paragraph 17.5 “A University employee who has put in not less than 20 years’ qualifying service may, by giving notice of three months in writing to the appropriate authority retire from the service voluntarily. A notice of less than three months may be accepted by the appropriate authority in deserving cases.”

Paragraph 17.9 “An employee who retires voluntarily, shall be entitled to gratuity, furlough and benefit of encashment of earned leave, as in the case of employees who retire on superannuation, as may be admissible under the rules and regulations.

Explanation : Qualifying service means continuous service rendered to the University by an employee other than in a temporary or ad hoc capacity.”

Clause (G) Extraordinary Leave “(i) A permanent teacher may be granted extraordinary leave-

(a) When other leave is admissible, or

(b) When other leave is admissible, the teacher applies in writing for the grant of extraordinary leave.

(ii) Extraordinary leave shall always be without pay and allowances. Extraordinary leave shall not count for increment except in the following cases –

(a) Leave taken on medical certificates;

(b) Cases where the Vice-Chancellor is satisfied that the leave was taken due to causes beyond the control of the teacher, such as inability to join or rejoin duty due to civil commotion or a natural calamity, provided the teacher has no other kind of leave to his credit;

(c) Leave taken for prosecuting higher studies; and (d) Leave granted to accept an invitation to a teaching post or fellowship or research-cum- teaching post or on assignment for technical or academic work of importance.

(iii) Extraordinary leave may be combined with any other leave except casual leave and special casual leave provided that the total period of continuous absence from duty on leave (including periods of vacation when such vacation is taken in conjunction with leave) shall not exceed three years except in cases where leave is taken on medical certificate. The total period of absence from duty shall in no case exceed five years in all.

(iv) The authority empowered to grant leave may commute retrospectively periods of absence without leave into extra-ordinary leave.”

4. In support of his contentions, he further relies upon judgments of Hon’ble Supreme Court in ‘Karan Singh Versus Delhi Transport Corporation and Another’, 2019 AIR (SC) 5566 and ‘State of Patiala Versus Pritam Singh Bedi and Others’, 2014 (13) SCC 474.

5. Learned counsel for the respondents further submits that petitioner was paid a sum of Rs.21,17,418/- towards CPF in June’ 2004. As was governed by CPF,