Sushil Harkauli, J. - (1.) -The Government of India, Ministry of Agriculture, opened certain institutions known as Agro-Economic Research Centres (A.E.R.C. for short) at various places.
(2.) THESE centres were opened in various Universities as projects of the Universities, but these were not departments of the Universities or integral part of the Universities. Indeed the Central Government could not on its own have added extra departments or extra parts to the Universities in U. P. which are governed by the U. P. State Universities Act, 1973. There was provision for appointment of certain staff in these centres. THESE centres were opened by Notification dated 28.10.1963 issued by the Ministry of Food and Agriculture, Government of India, (Department of Agriculture), New Delhi. The petitioner before us, who was an employee in A.E.R.C. Allahabad, attained the age of superannuation on 2.1.2001 but continued to work upto 30.6.2001 on the strength of an interim order obtained by him in Civil Misc. Writ Petition No. 47829 of 2000. The petitioner then claimed pensionary benefits. The University denied the said claim by the impugned order dated 24.4.2001.
(3.) DURING arguments before us, learned counsel for the petitioner crystallized the claim of the petitioner by saying that the petitioner was basically claiming pension from the Government of India, alleging himself to be an employee of A.E.R.C., and that the University had been impleaded in this writ petition merely as the drawing and disbursing authority. Interestingly in the writ petition as originally filed "Union of India" was not even made a respondent. The University and the Union of India have both filed counter-affidavits. The University has denied its liability to make payment of the pension, unless funds for the same are released by the Union of India. THE ISSUE;