- (1.) The petitioner, who had been appointed on contract as a Secretary to the Vice Chancellor, Guru Nanak Dev University, seeks for the benefits that were assured under the contract of employment. The claim is resisted on the ground that the contractual terms were not consistent with the government instructions and objected to by the Audit Department and, therefore, the petitioner's claim cannot be accepted.
(2.) The case would, therefore, require to be considered in the light of what has been brought through the contract and whether there was anything inherently opposed to the government instructions to deny to the petitioner the right of enforcement of such contractual terms.
(3.) The petitioner had been previously working with the Punjab Agricultural University and superannuated as per the rules applicable. At the age of 63, he was appointed as a Secretary to the Vice Chancellor through a letter of appointment dated 13.12.1985, which appointment was co-terminus with the tenure of service of the Vice Chancellor. The Syndicate of the University had accorded to the Vice Chancellor the power to determine the scales and the contract of appointment was on the basis of terms and conditions that were spelt out by the Vice Chancellor in anticipation of the approval of the Syndicate on 07.01.1986. The terms and conditions are reproduced hereunder:- "1. Your appointment will be in the pay scale of Rs.1500-60-1800-100-2000-125/2-2500 (U.G.C.). 2. Your basic pay in the above said pay scale has been fixed at Rs.2375/- p.m. Without rent free accommodation. 3. Your appointment will be co-terminus with the terms of the present Vice-Chancellor i.e. upto 9.4.1988. 4. You will be provided service benefits i.e. C.P.F. Gratuity, Leave (Privilege, Furlough, Medical Leave and leave encashment) and other service benefits under the University rules." ;