- (1.) The writ petition has been filed in the names of Krishan Chandra Bishnoi and Dr. D.N. Srivastava as petitioners. The entire body of the petition refers only to 1st petitioner and even the order, which is impugned in the writ petition, which is passed by the Haryana Agriculture University on 26.10.2002 refers only to the name of Dr. Bishnoi. It is not seen as to how the 2nd petitioner has also been made as party. The disposal of the case, therefore, only concerns the claim of the 1st petitioner. The petitioner, who was retiree from the Department of Haryana Agriculture University seeks for consideration of redressal by counting the period of service in Rajasthan University.
(2.) The petitioner's claim is made on the basis of what is contained in Chapter VIIIA Clause 3.2, reproduced as 3.3 (i) and (ii) in the impugned order. The same is reproduced here as well, for that would give the basis for his claim that he was entitled to count the number of years of service in the previous employment as well:- "3.3(i) The existing employee who has served the Central Govt. or any autonomous body established under the Central/State law, has been absorbed in the Haryana Agriculture University service in the public interest or who has come over/joined the University service after rendering service in the Central/State Govt., Autonomous Body can get his past service counted towards pension if he refunds the terminal retirement benefit received, if any, by him from such Govt./Autonomous Body for the service rendered there, to this University along with interest thereon at the rates applicable on CPF/GPF accumulation from the date of receipt of these benefits till the date of deposit with the University. 3. 3(ii) An employee who has retired during the period from introduction of pension to the date of notification of the statutes and is in receipt of pension etc. from his previous employer and opts to get his past service counted towards pension to the University shall have to refund the amount equal to the terminal retirement benefits received by him till retirement from the University along with interest at the rate applicable on CPF/GPF accumulation from the date of receipt of benefits till the date of deposit with the University and then his past service shall be counted towards pension. Note: These provisions are applicable to the employees who were in service on 07.02.1986 irrespective of the date of their absorption. In respect of cases falling under Clause 3.3, the concerned employee shall have to give an application for the purpose of getting his past service counted towards pension within four months from the date of issue of notification of these statutes along with Bank Draft of the required amount in lumpsum, falling which his past service shall not be counted for pensionary benefits. However, the future entrants who join service in HAU after serving in Central/any other State Govt. or any Autonomous Body established under the Central/State Law shall have to give an application within four months of their joining in the University for getting their past service counted towards pension and they shall have to refund to the University the terminal retirement benefits such as pension, gratuity, CPF etc. received by them from the previous employer for the service rendered there to this University along with interest thereon at the rates applicable on CPF/GPF accumulations fixed from time to time by the University, from the date of receipt of these benefits till the date of deposit with the University and shall have to attach along with their application for Bank Draft for the required amount in lumpsum, failing which their past service shall not be counted for pensionary benefits. Where no terminal benefits for previous service have been received, the previous service in such cases will be counted as qualifying service for pension only if the previous employer accepts pension liability for the service including upto date interest thereon at the rates applicable on CPF/GPF accumulations fixed by the University from time to time. In no case pension contribution/CPF contribution shall be accepted from the employees concerned. However, the interest if not allowed by the previous employer, can be deposited by the employee concerned himself. Benefit of past service shall not be allowed without deposit of interest on terminal benefits.
(3.) The petitioner had been appointed as a Research Assistant in the Department of Agriculture University, Rajasthan on 04.08.1966 and served till 22.10.1970. He had submitted his resignation to the Director, Agriculture University on joining as an Assistant Professor in the Agriculture University at Hisar on 23.10.1970. He retired on 30.09.2011 on his attaining the age of superannuation. During his period of service with the University, the pension scheme was notified when the University had called upon the employees on 26.02.1999 to opt for pension in the place of Contributory Provident Fund. The petitioner had exercised his option in March, 1999 and during his service, he had also submitted his papers for pensionary benefit before his retirement as admissible under Rule 3.2 of the Pension Rules.;