- (1.) THIS appeal has been filed by the Sidhu Kanhu University and its Registrar against the order dated 10.12.2002, passed by the learned Single Judge, in WP (S) No. 5450 of 2002, whereby the University was directed to fix and pay the pension amount of the eight writ petitioners in accordance with the Statue, taking into consideration the last pay drawn by them, without giving effect to the provisions of Section 58(10) of the Bihar State Universities Act, 1976 (hereinafter referred to as 'the Act ')
(2.) ADMITTEDLY all the writ petitioners, who are respondents 1 to 8 in this appeal were working as Reader in different Colleges of the University. All of them were promoted to the post of University Professor provisionally by the Screening Committee on temporary basis, subject to the recommendation of the Bihar State Universities (Constituent Colleges Service Commission) (for short 'Commission '). In this regard notifications dated 1.9.1987, 11.5.1988 and 18.2.1989 were issued giving them such provisional promotion with retrospective effect from the year 1985 -86. It was made clear therein that their temporary promotion shall cease to be effective immediately in the event of non -receipt of the recommendation of the Commission. The Commission did not take up the matter and the aforesaid communication of the University remained pending there. However, from the respective dates of provisional promotions, the respondents 1 to 8 started getting salary in the scale of pay of the University Professor and all of them retired from University service in between 1.12.1993 to 30.6.1999. Their pension was fixed on the basis of last pay drawn by them on the respective dates of their retirement. However, their pension amount was reduced with retrospective effect. Those eight persons together filed WP (S) No. 5450 of 2002 in this Court for a direction on the University to pay them the retiral benefits and other dues on the basis of last pay drawn by them. Learned Single Judge by impugned order disposed of the petition with the aforesaid directions.
(3.) REFERENCE may be made to Section 58(10) of the Act as incorporated by Act 17 of 1993. The Section reads as under : "Notwithstanding anything to the contrary contained in this Act or Statute, Rules or Regulations thereunder promotion given on temporary basis to the post of Reader or Professor or Officer of the University shall not be valid for a period exceeding six months, unless recommended by the Bihar State University (Constituent Colleges) Service Commission." ;