- (1.) These two appeals, though arising out of different orders passed in different writ petitions but involving similar nature issues between the same parties and relating to the claim of retiral benefits by the petitioner-appellant, have been considered together; and are taken up for disposal by this common judgment.
(2.) The issues involved in these matters have their genesis in the background of facts that the petitioner-appellant Manak Chand Jain, an erstwhile employee of the respondent Mohan Lal Sukhadia University, is said to have retired from service on 31.12.1996. The respondent University, by an order No.F17/Pension/Rules/MLSU/999 dated 26.05.1998 notified amended to the Mohan Lal Sukhadia University Pension Regulations, 1990 (hereinafter referred to as the Pension Regulations of 1990') whereby though the pay scales of its employees were revised with effect from 01.09.1996 but with the stipulations, inter alia, that no arrears would accrue for the period from 01.09.1996 to 31.12.1996; and that in respect of the employees retiring during this period, no arrears of pension shall accrue and the pension on revised notional pay shall be payable with effect from 01.01.1997; and further that the commutation to such employees shall not be admissible on the revised notional pay, and the amount of commutation already paid/payable on the pre-revised pay shall be treated as final. On the same lines, by another order No. PF/MLSU/Gratuity/98/476-88 of the even date i.e., 26.05.1998, the respondent University notified amendment to the Mohan Lal Sukhadia University Payment of Gratuity to Employees Rules, 1970 (hereinafter referred to as the Gratuity Rules of 1970') with effect from 01.01.1997 with similar nature stipulations that in respect of the employees retiring between 01.09.1996 to 31.12.1996, the arrears of gratuity shall not be admissible on the revised notional pay; and the amount of gratuity paid/payable on the pre-revised pay shall be treated as final.
(3.) The petitioner-appellant filed the writ petition (CWP No. 3717/1999) on 15.09.1999 stating the grievance that the University denied him the benefit of commutation of pension on the basis of revised pay and wrongly calculated the same on the basis of pre-revised pay. The stand of the respondentUniversity in opposition to this writ petition had been that the new pension rules came into effect from 01.09.1996 but then, under the corresponding amendment order issued by the University on 26.05.1998, the petitioner was not entitled to get the benefit of notional revised pay for the purpose of commutation, for having retired on 31.12.1996.;