This plea seems to have been accepted by the High Court.
The High Court has also relied upon a decision rendered by another Division Bench of the same Court in a writ petition filed by Dr. Rameshwar Tandon against Aligarh Muslim University.
Finance Officer Provident Fund Section AMU, Aligarh Dear Sir, I am sending herewith my option for pension form duly companypleted for your record and necessary action.
The respondent then filed a writ petition in Allahabad High Court, which was allowed by the order under challenge and it was directed that on the respondents depositing Rs.16,944.47, the amount of gratuity received from Benaras Hindu University and the interest which may have become due till date, the service rendered by him in Benaras Hindu University shall be taken into companysideration and shall be companynted for the purpose of payment of pension.
In the rejoinder affidavit which was filed by the respondent in the High Court, a plea was taken for the first time that on 21.8.1989 he had exercised his option for companynting the service rendered by him in Benaras Hindu University and had also offered to deposit the retirement benefits along with interest with the Aligarh Muslim University.
The provident fund was received by the University, but was delayed by two years and the University demanded interest.
Since this plea was taken in the rejoinder affidavit, the appellant herein got numberopportunity to rebut the same.
He thereafter proceeded abroad and joined University of Yemen.
He was permanently absorbed on 1.6.1988 and finally retired from the university on 31.7.1997.
After working there for nearly seven years, he came back to India and joined Shillong University on companytract basis from where he resigned and joined Aligarh Muslim University on 14.4.1987.
His request for companynting service rendered in Benaras Hindu University for the purpose of payment of pension was declined by Aligarh Muslim University.
Yours truly, Sd Dr. K.S. Misra Professor in English OPTION Having understood the companyparative advantages and disadvantages of pensionary and Provident Fund benefits as applicable in my case I opt for the Liberalised Pension Rules including the benefit of the Family Pension Scheme for Central Government Employees, 1964 introduced vide the Ministry of Finance Office Memo No.
P. MATHUR, J. Leave granted.
F.9 16 EV A /63 dated the 31st December, 1963 on the terms and companyditions laid down in that Ministrys O.M. No.
This appeal, by special leave, has been preferred against the judgment and order dated 10.2.2006 of Allahabad High Court, by which it was directed that the past service rendered by the respondent S. Misra in Benaras Hindu University shall be companynted for the purpose of payment of pension and other retiral benefits.
The respondent was appointed in the English Department of Benaras Hindu University on 10.8.1960, where he worked till 20.10.1979.
Dr. Tandon was permanent Lecturer in Economics in Institute for Social and Economic Change, Bangalore and he was appointed as Reader of Economics in Aligarh Muslim University on 31.5.1991.
Dr. Tandon soon after joining the University on 31.5.1991 had written a letter to the Institute on 29.9.1991 requesting them to send the provident fund account directly to the University and had sent a companyy of the letter to the University.
