KRISHNA NARAYANA IYER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Retired employees, two in number, of the teaching staff in the Saurashtra University have prayed for the following reliesfs:

(2.) The petitioner of Special Civil Application No. 20385 of 2019, Mr. Krishna Narayana Iyer was appointed as a Reader by the Saurashtra University on 19/12/1978. Thereafter, he was promoted as a Professor in Physics vide order dtd. 30/9/1988 with effect from 15/6/1987. It is the case of the petitioner that he was promoted as a Professor under the Merit Promotion Scheme of the University Grants Commission. He retired on superannuation with effect from 31/8/2010 after having rendered 31 years of service with the Saurashtra University.

(3.) Mr. Meet Shah, learned advocate appearing for the petitioners would submit that the petitioners could not submit their forms for option due to the negligence on the part of the university as the resolutions were not circulated. He would further submit that the government failed to appreciate that Statute 219 of the Saurashtra University categorically passed the resolution which received the assent of the Governor and therefore the department in light of the opinion of the Commissioner of Higher Education dtd. 4/5/2012 should have approved the pension forms of the petitioners. The resolution dtd. 7/1/2004 talks about the negligence on the part of the respondent university and mistakes caused to such option forms then submitted which was not the case in the present scenario.