- (1.) THIS writ petition is directed against the order dated 19.05.2010 (annexure 1 to the writ petition) passed by the Vice Chancellor, Dr. Ram Mahohar Lohia Awadh Univeristy, Faizabad (respondent no. 2) whereby the representation of the petitioner has been decided in pursuance to a direction issued in the earlier Writ Petition No. 502 (SB) of 2010 by the court.
(2.) BY the impugned order the claim of the petitioner for being paid gratuity has been rejected on the ground that the petitioner is not entitled to the same in light of Section 33 of the U.P. State Universities Act 1973 and that the petitioner having retired in January 2007 would not be entitled to the benefit of the Government Order No. 803/70 -2 -09 -16 (21)/2009 dated 28.02.2009.
(3.) LEARNED counsel for the petitioner has referred to the Government Order dated 28.02.2009 which has been brought on record as annexure RA -1 with the rejoinder affidavit. The submission of learned counsel for the petitioner is that the Government Order dated 28.02.2009 has clearly provided that the recommendation of the VI Pay Commission would be available to the employees of the University by giving notional approval w.e.f. 01.01.2006 but payment would be w.e.f. 01.12.2008. According to learned counsel the petitioner having retired in January 2007 would be entitled to payment of the revised pay scale w.e.f. 01.01.2006 and hence the denial of the same by the impugned order requires to be set aside. It is also the case of the petitioner that the petitioner has completed 36 years of qualifying service and hence he is entitled to be paid gratuity and pension whereas under the impugned order the same has been illegally rejected for the reason that the petitioner having availed the option of Contributory Provident Fund he would not be entitled to gratuity and pension as provided under Section 33 of the U.P. State Universities Act 1973.;