S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has challenged the decision of the Board of Governors of Regional Institute of Technology, Jamshedpur (RIT, Jamshedpur for short -now known as National Institute of Technology, Jamshedpur -NIT, Jamshedpur for short) communicated vide office order No. RIT (AA) -1642/99 dated 3rd June, 1999 whereby it decided to pay gratuity, leave encashment and other retiral benefits to its retiring employees on the basis of 58 years of age of superannuation instead of 60 years, which is the actual age of superannuation of an employee of RIT, Jamshedpur. Further prayer has been made by petitioner to direct the respondents to count the service" rendered by petitioner in one Deep Narayan Singh Regional Institute of Co -operative Management, Patna and Bokaro Steel Plant of Steel Authority of India Limited (SAIL for short) for the purpose of determination of retiral benefits to which he is entitled from RIT, Jamshedpur.
(2.) ONE of the questions requires determination in this case is whether the retiral benefits of an employee can be calculated on the basis of notional retirement age of 58 years or not, if the actual age of superannuation of an employee is 60 years. The other question is whether the service rendered by petitioner in another organisation not related with RIT, Jamshedpur can be counted for the purpose of determination of post retirement benefits to which petitioner is entitled from RIT, Jamshedpur. According to petitioner, he rendered services in one Deep Narayan Singh Regional Institute of Co -operative Management, Patna from 1st June, 1965 to 5th February, 1973 and thereafter in the Bokaro Steel plant under the SAIL from 22nd February, 1973 to 5th October, 1976. Subsequently, he was appointed in RIT, Jamshedpur on 8th October, 1976 against non -teaching post and retired on 31st October, 2000 when he attained 60 years of age. The grievance of the petitioner is that the respondents are not calculating the retiral benefits on the basis of last pay drawn by him till he attained the age of 60 years. For the purpose of such calculation, such as pension, gratuity, leave encashment etc., notional 58 years of age of retirement is taken and payment is being made on the basis of last pay drawn at the age of 58 years.
(3.) IN the affidavit filed on behalf of RIT, Jamshedpur (now NIT), while it is accepted that the age of superannuation is 60 years and petitioner retired from the services of RIT, Jamshedpur on attaining the age of 60 years, taken plea that as the State Government employees retire at the age of 58 years, whereas the employees of RIT, Jamshedpur retire at the age of 60 years, to maintain parity with the State Government employees, it was decided to adopt same formula that of Government employee for determination of retiral benefits for the employees of Regional Engineering Colleges. So far as the rest prayer of petitioner to count the service rendered in other organisation and recovery of certain amount are concerned, while the respondents opposed the prayer, have given reason to recover certain amount on the ground of wrong fixation of pay since 1st April, 1997.;