IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

202-1 CWP-15546-2015 KAMAL KUMAR SALLY ... Petitioner VERSUS UNION OF INDIA & ORS ... Respondents

202-2 CWP-18175-2007 SANTOSH BHANOT ... Petitioner VERSUS INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH & ANR.

... Respondents

202-3 CWP-988-2009 JAGATJIT SINGH ... Petitioner VERSUS INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH & ANR.

... Respondents

202-4 CWP-20497-2018 MADAN LAL ... Petitioner VERSUS INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH & OTHERS ... Respondents

202-5 CWP-20166-2018 RAM PARSHAD ... Petitioner VERSUS INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH & OTHERS ... Respondents A N D

202-6 CWP-20808-2018 Date of Decision: 30.01.2025 PAWAN KUMAR SAINI ... Petitioner VERSUS INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH & OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

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Present: Mr. Manish Prabhakar, Advocate for the petitioner in CWP-15546-2015.

Mr. R.K. Malik, Sr. Advocate with Mr. Pradeep Dhull, Advocate for the Petitioner(s) in CWP-18175-2007 and CWP-988-2009.

Mr. R.D. Anand, Advocate for the Petitioners in CWPs-20497, 20166 and

20808 of 2018.

Mr. Pankaj Gupta, Sr. Panel Counsel for respondent No.1 in CWP-15546-2015.

Mr. Ashe Kumar Goyal, Advocate for respondents No.2 and 3 in CWP-15546-2015 and for respondents No.1 and 2 in remaining all cases.

Mr. Subhash Ahuja, Advocate for respondent No.4-

CWP-15546-2015 and for respondent No.3 in CWPs-20497, 20166 and 20808 of 2018.

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VINOD S. BHARDWAJ, J. (ORAL)

The present batch of writ petitions involve common questions of law and similar questions of facts, hence, with the consent of counsel for the respective parties, they are being decided by this common judgment. The facts necessary for adjudication of the controversy in question are, however, extracted from CWP-988-2009 titled as 'Jagatjit Singh Versus Indian Council of Social Science Research and Another' in reference to the petitioner(s) and from CWP-15546-2015 titled as 'Kamal Kumar Sally Versus Union of India and Others' in reference to the respondents.

The prayer made in the abovesaid writ petitions is for issuance of directions to the respondent-Indian Council of Social Science Research (hereinafter to be referred to as 'ICSSR') to release the pension to the petitioners as per the Panjab University Employees (Pension) Regulations 1991 (effective from 24.10.2005) (hereinafter referred to as 'Regulations of 1991') which such benefit has been declined to the petitioner in the said writ petition vide letter/order dated 01.01.2009 on the ground that in the absence of pension scheme at the Centre, the petitioner be given the CPF benefits and other retiral benefits as per the last salary drawn by him.

Learned counsel for the petitioner contends that the petitioner was appointed as a Library Assistant in the respondent-ICSSR North Western Regional Centre in Panjab University, Chandigarh on 28.08.1981. Reference is made by the counsel for the petitioner to the specific terms and conditions as incorporated in the letter of appointment. Condition No.8 thereof is extracted hereinafter below:-

“8. Other conditions of service will be governed under the Panjab University Rules in force from time to time.”

It is submitted that the pay and allowances and all other service benefits to the employees of North Western Regional Centre, Chandigarh working with the respondent-ICSSR are to be governed as per the service benefits admissible to the employees of the Panjab University, Chandigarh. Reference is also made to the revision of the grade of Library Assistants, which such benefits had been extended to the petitioner(s). The relevant extract of the order passed by the respondent-ICSSR on 02.03.1989 is reproduced hereinafter below:

“As per ICSSR Rules for its Regional Centres the scale of the pay and allowances and other service benefits to the employees in the Regional Centre are to be the same as for corresponding posts of the collaborating institutions i.e. Panjab University in case of the ICS