Dinesh Kumar v. Vice Chancellor And Others

2024:PHHC:038901 CWP-6578-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6578-2024 Date of Decision: 19.03.2024 Dinesh Kumar

...Petitioner(s)

Versus

Vice-Chancellor, Guru Jambheshwar University of Science and Technology, Hisar and another ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Gourave Bhayyia Gilhotra, Advocate, and Mr. Hitesh Verma, Advocate for the petitioner *** TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to pass appropriate orders to release the pro-rata pensionary benefits on monthly basis, instead of lump sum retiral benefits.

2.

It is contended that the petitioner joined respondent University as Reader in the Department of Computer Science and Engineering on 17.07.1997. Prior thereto, he was serving as Lecturer in C.R. State College of Engineering, Murthal. After serving the University for about twenty-five years, he submitted technical resignation for joining as Professor in Delhi Technical University, and has been working there since 26.04.2018. By submitting various representations, including the one dated 01.07.2021, Annexure P-10, he specifically opted for recurring pensionary benefits for the service rendered in the University. The request, however, has not been accepted without citing any reason, and he has been released lump sum PAYAL 2024.03.23 17:46 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:038901 CWP-6578-2024 -2pension vide order dated 15.11.2021, Annexure P-11. As per Rule 15 D of the Haryana Civil Services (Pension) Rules, 2016, the petitioner has the option to get recurring or non-recurring pension for the service rendered. Therefore, the order dated 15.11.2021, needs to be revised, to release recurring pensionary benefits to the petitioner, who is ready and willing to refund the entire amount credited to his account in terms of the office order. At this stage, he will be satisfied in case the second respondent is directed to decide the pending legal notice, dated 27.10.2023, Annexure P-12, in a specified period by passing a reasoned order.

3.

Mr. Puneet Gupta, Advocate, appearing on advance notice for the University, submits that appropriate action will be taken by the second respondent on the pending legal notice, dated 27.10.2023, keeping in views the facts mentioned above, within a period of eight weeks. 4.

In view of the statement made, learned counsel for the petitioner has no objection to the petition being disposed of in terms thereof. 5.

Ordered accordingly.

(TRIBHUVAN DAHIYA) JUDGE 19.03.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.03.23 17:46 I attest to the accuracy and authenticity of this order/judgment