TMI Blog2007 (9) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... bed on 1.6.1988 and finally retired from the university on 31.7.1997. His request for counting service rendered in Benaras Hindu University for the purpose of payment of pension was declined by Aligarh Muslim University. 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 respondent s depositing ₹ 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 consideration and shall be counted for the purpose of payment of pension. 4. In order to appreciate the controversy involved, it is necessary to take note of the relevant statute of the University dealing with the subject viz. Statute 61(6)(iv), which is reproduced below :- Statute 61(6) (iv) (v) iv. The University employees who have already been sanctioned or received pro-rata retirement benefits for their past service from their previous employer mentioned in sub-clause (i) and (ii) will have the option either : a. to retain such benefits and in that event their past service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... qualifying service; b. Nothing in Clause (a) shall apply to interruption caused by dismissal or removal from service, or by resignation from service; c. The period of interruption referred to in Clause (a) shall not count as qualifying service. 6. A perusal of Statute 61(6)(iv) would show that two options are open to an employee of the University who has rendered service in some other institution or university prior to joining the Aligarh Muslim University. The first option is that the employee who has already received retirement benefits for his past service from his previous employer may retain such benefits and in that event his past service shall not qualify for pension and other retirement benefits in the Aligarh Muslim University. The second option is that the employee will have to deposit with the University the retirement or terminal benefits along with interest with the Aligarh Muslim University and this has to be done within one year of joining the University. If the second option is not exercised within prescribed time viz. one year, the employee shall be deemed to have opted for the first option viz. for retention of the benefits already received by him and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said document shows that the respondent had exercised his option for Liberalized Pension Scheme including the benefit of the Family Pension Scheme for Central Government Employees by his letter dated 28.1.1989 and it had nothing to do with the option regarding counting of past service. Therefore, the option exercised by him on 28.1.1989 has no relevance to the controversy in hand. 8. On 5.8.1993 the respondent made an application to the University for giving him benefit of the past service rendered in Benaras Hindu University. The University gave a reply on 11.10.1993 that he had not applied to the University through proper channel or with the consent of the previous employers and his case was not covered by relevant provisions of the Statute and consequently his past service could not be counted. The factual position which emerges is that the respondent did not exercise his option at any point of time for counting his past service. Further, he had resigned his service in Benaras Hindu University and had worked thereafter for nearly seven years in Yemen University. He had not applied in the University through proper channel or with the consent of the previous employer. 9. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to do a particular act within a specified time. 11. The problem can be looked from another angle. If the view taken by the High Court that the provision is directory is accepted as correct, it would in effect amount to making the provisions of subclause (c) of Statute 61(6)(iv) otiose. In such a case the consequences provided therein that if no option is exercised within the prescribed time limit, the employee shall be deemed to have opted for the retention of the benefits already received by him would never come into play. It is well settled principle of interpretation of statute that it is incumbent upon the Court to avoid a construction, if reasonably permissible on the language, which will render a part of the statute devoid of any meaning or application. The Courts always presume that the Legislature inserted every part thereof for a purpose and the legislative intent is that every part of the statute should have effect. The legislature is deemed not to waste its words or to say anything in vain and a construction which attributes redundancy to the Legislature will not be accepted except for compelling reasons. It is not a sound principle of construction to brush aside wor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m this case as he never exercised his option at all and never deposited the amount which he had received from Benaras Hindu University. 13. There is another point which deserves consideration. Statute 61(6)(v) lays down that the provisions of Statute 61(6)(iv) will apply only where the transfer of the employee from other organization to the University and vice-versa is with the consent of that organization including a case where the individual had secured his employment on his own volition provided that he had applied through proper channel with the permission of the administration/authority concerned. There is no dispute that the respondent after proceeding to Yemen had resigned from Benaras Hindu University. There is a long gap between the time he left Benaras Hindu University and when he joined Aligarh Muslim University. It is not at all a case of transfer of an employee. There is no question of consent of the organization (Benaras Hindu University). Therefore, the provisions of Statute 61(6)(iv) can have no application and the respondent is not entitled for counting of service rendered by him in Benaras Hindu University for the purpose of grant of pensionary benefits in Alig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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