Full Judgment Text
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CASE NO.:
Appeal (civil) 2945 of 2006
PETITIONER:
STATE OF U.P. & ORS.
RESPONDENT:
LAXMI SHANKER GUPTA
DATE OF JUDGMENT: 13/07/2006
BENCH:
Dr. AR. LAKSHMANAN & LOKESHWAR SINGH
JUDGMENT:
J U D G M E N T
(arising out of SLP(C)No.21143 of 2003)
Dr. AR . Lakshmanan, J.
Leave granted.
This appeal is directed against the final judgment
and order dated 31.3.2003 passed by the High Court of
judicature at Allahabad in Civil Misc. Writ Petition
No.9346 of 2001. The prayer before the High Court by the
respondent herein was that his services in Tinsukia
Degree College, Assam as Hindi Lecturer be added to the
services rendered at Mahatma Gandhi Kashi Vidyapith,
Varanasi for calculating to his post retiral benefits. The
learned counsel for the petitioner before the High Court
relied upon a Division Bench decision of Lucknow Bench
of the said court in the case of Dr. Shankar Sahai
Srivastava versus State of U.P.& ors. decided on
7.12.1999. The Division Bench of the High Court
following the said decision allowed the writ petition filed
by the respondent herein and directed that the
respondent’s service in Tinsukia Degree College, Assam
shall be added to his service rendered in Mahatma
Gandhi Kashi Vidyapith, Varanasi. A further direction
was given to the authorities to refix the pension within
two months and the arrears of his pension be paid within
the same period.
Our attention was also drawn to the order passed
by the Allahabad High Court in Dr. Shankar Sahai
Srivastava versus State of U.P.& ors. The said order
dated 7.12.1999 reads thus:
"LUCKNOW Dated : 7.12.1999
Hon’ble M. Katju, J.
Hon’ble U.K. Dhaon, J.
Heard. Petitioner has retired as
Professor in Department of Sociology in
Kashi Vidyapith Varanasi, which is a
University. He is claiming that his earlier
services in other Institutions be added to
his service in Kashi Vidyapith.
We dispose of this Writ Petition which
the direction that petitioner’s pension be
recalculated in accordance with statute 15.05
of Kashi Vidyapith within two months of
production of certified copy of this order
before the authority concerned. Payment will
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be made accordingly to the recalculation."]
A perusal of the said order would show that there
was absolutely no discussion by the Bench as to why the
said direction in regard to the petitioner’s pension was
issued. The order, in our opinion, is non-speaking.
Aggrieved by the said order, the State of U.P. & ors
preferred special leave petition before this Court, which
was dismissed by this Court on 27.9.2000 on the ground
of delay in approaching this Court. The special leave
petition was not disposed of by this Court on merit. In
the impugned order also, except adopting the reason
given by the order dated 7.12.1999, no other reason was
given by the Division Bench. Before us, several legal
contentions have been raised by Dr. R.G. Padia, learned
Senior Counsel for the State and also countered by Mr.
Rohan Thanavi, learned counsel for the respondent. In
our opinion, the matter required detailed investigation
with reference to Section 33 of the Uttar Pradesh State
Universities Act, 1973 and also with reference to the
General Order issued under reference
no.2148/Pandrah/15/1983-46(14)/83 dated 24.12.1983. In
our view, Regulation 15.05 of the Statute of the University
is also required to be considered for determining the
claim of the respondent herein. We, therefore, remit the
matter to the High Court and restore the Civil Misc. Writ
Petition no.9346 of 2001 and request the High Court to
dispose of the writ petition within six months from the
date of production of copy of order of this Court by either
party.
In view of the remittal order now passed by us, we
set aside the order dated 31.3.2003 passed in Civil Misc.
Writ Petition no.9346 of 2001. Both parties are at liberty
to file additional pleadings and documents before the
High Court. The question of law is also left open.
The Appeal is accordingly disposed of with no
orders as to costs.