- (1.) HEARD Shri Gaurav Kakkar, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri P.S. Baghel has filed appearance on behalf of University of Allahabad and has filed a counter affidavit.
(2.) THIS writ petition raises an important question of law, as to whether the option of an employee, who had in terms of Government Order dated 24.12.1983, opted to continue in service upto the age of 60 years, instead of 58 years as a teacher in the University, and had given up of his rights to receive Death-cum-Retirement Gratuity (D.C.R.G.) by exercising option after depositing the Contributory Provident Fund, will continue to bind him posthumously if he does not survive to avail the benefit to continue in employment upto 60 years. Brief facts giving rise to this writ petition are that late Shri Amar Nath Kakkar born on 6.3.1946 was appointed as Lecturer, Department of Defence Studies in the University of Allahabad on 28.8.1968 at the age of twenty two years and five months. He was confirmed on 9.8.1970 and earned promotions rising to the post of Professor and Head, Department of Defence Studies in the University. The University of Allahabad at that time was funded by the State Government, and was subject to administrative control of the Department of Higher Studies, Government of U.P.
(3.) BY a Government Order dated 24.12.1983 the State Government decided to improve the service conditions of the employees and raised the retirement age from 58 to 60 years. Those teachers, who did not want to continue upto 60 years, were given an option to retire at the age of 58 years with the benefits of Death-cum-Retirement Gratuity (D.C.R.G), pension, family pension, and general provident fund. The teachers, who did not opt to retire at the age of 58 years and wanted to avail two years of additional service upto the age of 60 years, were not to be provided with the benefit of Death-cum-Retirement Gratuity. The other benefits namely pension, family pension and general provident fund were to be made available to both the categories of employees.;