SUPREME COURT OF INDIA

Before:- P. Venkatarama Reddi and A.K. Mathur, JJ.

Civil Appeal No. 2497/ 2005 (Arising out of SLP(C) No. 17400/2004). D/d. 8.4.2005.

Commissioner of Collegiate Education - Appellant

Versus

M. Madhusudhan Reddy & Anr. - Respondents

A. Service Law - Claim for pension - Non-furnishing of details by appellant-employer relating to date on which respondent was fixed against unaided post and whether full salary admissible to the aided was being drawn by him during the relevant period - Held, pension of respondent to be refixed on footing that service rendered by him during relevant period to be deemed to be against an aided post.

[Para ]

B. Salary - Arrears of - As per respondent himself, he was drawing full salary admissible to an aided post during crucial period - Held, respondent is not entitled to any arrears of salary.

[Para 2]

ORDER

P. Venkatarama Reddi, J. - Delay condoned. Leave granted.

2. We see no reason to interfere with the impugned order especially having regard to the fact that the appellant has not come forward even now with specific details which the appellant omitted to place before the High Court. These details which aught to have been furnished relate to the date on which and the order by which the respondent-M.Madhusudhan Reddy was fixed against the unaided post and whether full salary admissible to aided post was being drawn by him during the relevant period. The pension of the respondent shall therefore be re-fixed on the footing that the service rendered by him between 1972 and 31.3.1980 shall be deemed to be against an aided post. The process of re-fixation shall be completed and the pensionary benefits should be released to the respondent within a period of four months from today. It is made clear that the respondent shall not be entitled to any arrears of salary in view of the stand taken by the respondent that he was drawing full salary admissible to an aided post during the crucial period.

3. The appeal is dismissed subject to the above observation/direction.

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