RAJASTHAN AGRICULTURAL UNIVERSITY Vs. RAM KRISHNA VYAS

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Division Bench of the Rajasthan High Court at Jodhpur dated 12.09.95 passed in Special Appeal No. 572 of 1995. By the impugned judgment the Division Bench dismissed the special appeal filed by the present appellant namely Rajasthan Agricultural University constituted by Rajasthan Agricultural University, Bikaner Act, 1987. Initially by an Act Udaipur University was constituted which was renamed as Mohanlal Sukhadia University. Later Mohanlal Sukhadia University was bifurcated and present appellant university was founded by an Act of Legislature.

(2.) The respondent herein was an employee of the appellant university and retired from service on superannuation on 9th December, 1992. He was granted provisional pension which was subsequently reduced. Another grievance of the respondent was that the gratuity was calculated only on the basic pay instead of calculating on the pay last drawn including the dearness allowance and adhoc dearness allowance in accordance with the provisions of relevant rules. The respondent, therefore, prayed that an appropriate writ/direction be issued directing the appellant - university to finalise the retiral benefits such as pension, gratuity and other retiral dues on the basis of actual last pay drawn, dearness and ad hoc dearness allowances.

(3.) In the counter filed before the High Court by the present appellant - university the actual date of retirement was disputed and according to the appellant, the respondent herein actually retired on 30th November, 1992. Regarding provisional pension it was urged before the High Court that provisional pension was granted on the basis of undertaking given by the respondent that excess benefits, if any, would be refunded. It was also urged that provisional pension was found to be more than what was due. Regarding rules of the university the plea taken before the High Court was that rules stood amended as per rules of the State Government and as the Government rules define the emoluments as basic pay for the purpose of payment of gratuity, no payment of gratuity on dearness allowance can be allowed. Various other pleas had been taken and it is not necessary to state at this stage and we shall deal with those submissions at the appropriate stage, if necessary.