PROF. DR. R.R. SHARMA (RETD.) Vs. POST GRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH, CHANDIGARH

JUDGEMENT

(1.) This is a petition by Prof. Dr. R.R. Sharma (Retd.) under Articles 226 and 227 of the Constitution of India seeking a direction to (i) Post Graduate Institute of Medical Education and Research, Chandigarh (Post Graduate Institute), (ii) State of Uttar Pradesh, and (iii) The National Dairy Research Institute, Karnal (the Karnal Institute) to re-fix and release the amount of pension at the rate of Rs. 3,550.00 per month after 33 years of his qualifying service and also to pay the terminal gratuity. The name of respondent No. 3 has since been deleted at he request of the petitioner

(2.) The petitioner joined service on Sept. 25, 1954 as a Lecturer in the Education Department in the State of Uttar Pradesh. he applied through proper channel to the Union Public Service Commission and was selected for the post of Lecturer in Physics at the Karnal Institute. He was relieved from service in Uttar Pradesh on June 30, 1961 (Forenoon). There was no break in service. The Karnal Institute was a Central Government's autonomous body. The petitioner joined service in the Post Graduate Institute at Chandigarh after obtaining permission from the previous employer. He was relieved on Aug. 31, 1964 (Afternoon) from the Karnal Institute and he joined duty at the Post Graduate Institute on Sept. 1, 1964 (Forenoon). There was, thus, again no break in service. He served the Post Graduate Institute till Oct. 31, 1991 and then retired from service on superannuation as Professor and Head of Bio-Physics Department.

(3.) Petitioner's case is that he rendered total continuous service for more than 37 years without any break. He, however, did not receive full pensionary benefits or the terminal gratuity, though he is entitled to superannuation pension after more than 33 years of continuous qualifying service. The Post Graduate Institute fixed his pension at Rs. 2,905.00 per month taking into consideration his service from Sept. 1, 1964 and not from Sept. 25, 1954. His services in Uttar Pradesh and at Karnal Institute have not been counted. Pension should have been fixed at Rs. 3,550.00, i.e. at 50% of his basic pay of Rs. 7,100.00 per month after taking into consideration the entire period of 33 years of this service. The period of service from Sept. 25, 1954 to June 30, 1961, is to be considered while calculating the qualifying service.