By the Court.—Petitioner, before this Court, seeks quashing of the letters dated 22.12.2000 (Annexure 18) issued by the Adviser, Agro Economic Research (A.E.R.) Division, Directorate of Economics and Statistics, Department of Agriculture and Cooperation, New Delhi, order dated 10th April, 2001 issued by the Finance Officer, University of Allahabad, Allahabad, and order dated 23.5.2012 issued by the Adviser, Agro Economic Research (A.E.R.) Division, Directorate of Economics and Statistics, Department of Agriculture and Cooperation, New Delhi.

2. Facts, in short, leading to the present writ petition are as follows :

(a) Ministry of Agriculture Department of India decided to open institution in the name and style of Agro Economic Research Centre (A.E.R.C.) at various places, including a Centre established at University of Allahabad. These Centres were provided financial assistance by the Central Government, and as per the letter of the Government of India dated 28th October, 1963, certain category of posts including that of Research Officer was also created for centre, which carried scale equivalent to the lecturer’s pay-scale. Initially, the centres were temporary centres. However, under the letter of the Government of India dated 21.5.1990, these centres were declared to be permanent centres/institutions (Page 71 of the paper book).

(b) From the records, it is apparent that after the centres were declared to be permanent centre, a memorandum of understanding was executed between the Central Government and the University of Allahabad on 21st May, 1996. After the centre was declared to be permanent, the Executive Council of the University of Allahabad is stated to have made a resolution to merge the centre with the University of Allahabad. In memorandum of understanding, executed between the University of Allahabad and the Government of India on 21st May, 1996, it was agreed upon that the centres would be treated as separate department/section of the University, and would be integrated with the same. Clause (ix) of the memorandum of understanding, which is relevant for the purposes, reads as follows :

“(ix) The staff of the Centre would be considered at par with regular employees of the University for all the privileges enjoyed by the regular staff of the University i.e. pension, gratuity, provident fund allotment of quarters as per the existing rules, medical benefits all other benefits etc. as applicable to the staff of the University. They will also be considered for such advances and loans as may be extended by the University to its staff.”

It appears that the said agreement between the Union of India and the Allahabad University, for providing the privileges to the regular employees of the centre at par with the regular staff of the University including pension, gratuity, provident fund etc., were actually not implemented by the University nor any resolution of the Executive Council for incorporating amendment in the statutes and ordinances applicable was made. It may be noticed that at the relevant time, the University of Allahabad was only a State University, covered by the provisions of the U.P. State Universities Act, 1973, and the liability of making payment of pension etc. had necessarily to be undertaken with the concurrence of the State Government, and the funds in that regard had to be provided by the State Government. Between the University and the Coordinator, Agro Economic Research Centre, University of Allahabad, correspondence is alleged to have taken place for issuance of a notification for integrating the centre with University of Allahabad, but in fact, no such notification was issued.

(c) The petitioner, before this Court, filed Writ Petition No. 45290 of 2000 with the grievance that the request for notification being issued for integrating the centre with the University be made. In the order of the High Court, it has been noticed that the issue with regard to retirement/pensionary benefits to the s