Sushil Harkauli and Vikram Nath, JJ. - (1.) The petitioner initially worked as Lecturer in English in the Banaras Hindu University. He subsequently joined Aligarh Muslim University where he was confirmed in June, 1988. The petitioner claims that he had applied giving his option for counting of his past services for pensionary benefits within one year of his joining/confirmation.
(2.) Statute 61(6) (iv) (iii) of the First Statutes of the University prescribes the counting of past services for pensionary benefits provided such option is given and the amount of gratuity received from the previous employer is deposited by the employee with the University within one year.
(3.) Annexure-1 to the rejoinder affidavit of the petitioner is a photo-copy of the 'dispatch register' of the University which mentions sending of the option for counting past: services of the petitioner on 30.1.89.;