Case Note & Summary
The petitioner, Dr. Anjan Bhattacharya, was appointed as Assistant Professor at Veterinary College, SKADU under Gujarat Agricultural University on 05.10.1984. In 1996, he applied for Associate Professor at Rajiv Gandhi College of Veterinary and Animal Sciences, Pondicherry, a central university. His application was forwarded by Gujarat Agricultural University with a letter dated 18.04.1996 stating that on selection he would have to resign and complete bond period. He was selected and resigned on 30.09.1996. He later sought pension for his service from 1984 to 1996 under the Gujarat Civil Services (Pension) Rules, 2002. The respondents denied pension claiming resignation was voluntary and he had not completed qualifying service. The court held that the resignation was not voluntary abandonment but for taking up public employment, and the forwarding letter indicated no objection. The court directed the respondents to compute and pay pro rata pension for the past service, relying on Rule 131 of the Gujarat Civil Services (Pension) Rules, 2002 and precedents. The petition was allowed.
Headnote
A) Service Law - Pension - Pro Rata Pension - Gujarat Civil Services (Pension) Rules, 2002 - Rule 131 - Employee resigned from state university to join central university - State university had no objection to application - Held that resignation was not voluntary abandonment but for public employment, and employee entitled to pro rata pension for past service (Paras 1-23).
Issue of Consideration
Whether an employee who resigned from a state university to join a central university is entitled to pro rata pension for the past service rendered under the state university.
Final Decision
Petition allowed. Respondents directed to compute and pay pro rata pension to the petitioner for his service from 05.10.1984 to 30.09.1996 within three months.
Law Points
- Pension is not a bounty but a right
- pro rata pension payable on transfer to autonomous body
- no forfeiture of past service
- Gujarat Civil Services (Pension) Rules
- 2002
