- (1.) Leave granted. This appeal is directed against the final judgment and order dated 31.3.2003 passed by the High Court of judicature at Allahabad in Civil Misc. Writ Petition No.9346 of 2001. The prayer before the High Court by the respondent herein was that his services in Tinsukia Degree College, Assam as Hindi Lecturer be added to the services rendered at Mahatma Gandhi Kashi Vidyapith, Varanasi for calculating to his post retiral benefits. The learned counsel for the petitioner before the High Court relied upon a Division Bench decision of Lucknow Bench of the said court in the case of Dr. Shankar Sahai Srivastava versus State of U.P.& ors. decided on 7.12.1999. The Division Bench of the High Court following the said decision allowed the writ petition filed by the respondent herein and directed that the respondent's service in Tinsukia Degree College, Assam shall be added to his service rendered in Mahatma Gandhi Kashi Vidyapith, Varanasi. A further direction was given to the authorities to refix the pension within two months and the arrears of his pension be paid within the same period.
(2.) Our attention was also drawn to the order passed by the Allahabad High Court in Dr. Shankar Sahai Srivastava versus State of U.P.& ors. The said order dated 7.12.1999 reads thus: "LUCKNOW Dated : 7.12.1999 Hon'ble M. Katju, J. Hon'ble U.K. Dhaon, J. Heard. Petitioner has retired as Professor in Department of Sociology in Kashi Vidyapith Varanasi, which is a University. He is claiming that his earlier services in other Institutions be added to his service in Kashi Vidyapith. We dispose of this Writ Petition which the direction that petitioner's pension be recalculated in accordance with statute 15.05 of Kashi Vidyapith within two months of production of certified copy of this order before the authority concerned. Payment will be made accordingly to the recalculation."
(3.) A perusal of the said order would show that there was absolutely no discussion by the Bench as to why the said direction in regard to the petitioner's pension was issued. The order, in our opinion, is non-speaking.;