YENSEMBAM TONJAO SINGH AND ORS. Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) HEARD Shri Y. Nirmolchand, learned counsel appearing for the petitioners and Shri S. Rupachandra, learned ASG appearing for the respondents No. 1, 2 and 5 and Shri N. Promod Chandra Singh, learned Sr. Advocate with Shri Th. Babloo, Advocate appearing for the respondents No. 3 and 4.

(2.) THE petitioners have filed the above writ petitions for release of pensionary and retiral benefits including gratuity, encashment etc. by the respondents.

(3.) THE facts of the case which are not in dispute, are that the petitioners were initially appointed as Chowkidar and Mali respectively on temporary basis in the Office of the Manipur Agricultural College on the recommendation of a DPC vide order dated 05 -02 -1981 and were confirmed vide order dated 02 -04 -1992 w.e.f. 05 -02 -1984. While the petitioners were working in that capacity, an Ordinance dated 16 -02 -1994 came to be issued by the Central Agricultural University by which the management of the Manipur Agricultural College was taken over with one of the conditions that all duly appointed staff teachers and non -teachers of the Manipur Agricultural College shall be deemed to be the staff of the Central Agricultural University. After the said Manipur Agricultural College being taken over by the Central Agricultural University, the petitioners and other staff were allowed to cross Efficiency Bar vide order dated 22 -07 -1996. The petitioners, on attaining the age of superannuation, retired from their service w.e.f. 31 -05 -2000 vide order dated 21 -11 -2000 and w.e.f. 30 -3 -2001 vide order dated 19 -2 -2001 issued by the Central Agricultural University. Accordingly, the Central Agricultural University issued orders dated 29 -5 -2001, 31 -12 -2001 and 26 -05 -2005 sanctioning amounts of Rs. 15000/ -, Rs. 32,443/ - and Rs. 14,588/ - towards their C.P. F, Leave Encashment and Death Cum Retirement Gratuity (DCRG).