- (1.) Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel and perused the record.
(2.) Present writ petition, under Article 226 of the Constitution of India, has been preferred with the prayer to issue a writ of mandamus directing the respondents to provide the arrears of salary to the petitioner w.e.f. 10.01.2013 to 31.01.2013 including the amount of Group Insurance Scheme and also to provide the interest on account of delayed payment of post retirement benefit @ 12% per annum and to issue any other writ, order or direction, which this Court may deem fit and proper under the circumstances of the case.
(3.) The case of the petitioner is that there is an institution known as Maharaj Balwant Singh P.G. College, Gangapur, Varanasi, which is a Post Graduate College and affiliated to Mahatama Gandhi Kashi Vidhyapeeth University within the meaning of Section 2(ii) of the State University Act (U.P. Act No.10 of 1973). The post of Librarian was advertised in a widely circulated newspaper inviting applications for the appointment on the post of Librarian. The petitioner being qualified applied who was selected and appointed on the post of Librarian vide order dated 29.01.1978. He joined on the post of Librarian and the work and conduct of the petitioner was found satisfactory. The date of birth of the petitioner is 10th January, 1951. Hence in view of the provision of the Statute of the University applicable to the petitioner, he was superannuated at the age of 62 years i.e. on 10.01.2013. The petitioner requested the Principal of the College that since he was going to retire on 10.01.2013, hence necessary steps be taken for handing over the charge because there were about 40,000 books in the library. In spite of repeated requests, the charge was not taken from the petitioner and after retirement the charge was taken.;