VISITOR AND ORS. versus K.S.MISRA

Citation: [2007] 9 S.C.R. 763 · Decided: 06-09-2007 · Supreme Court of India · Bench: G.P. MATHUR · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

VISITOR AND ORS. 
A 
v. 
K.S.MISRA 
SEPTEMBER 6, 2007 
(G.P. MA THUR AND D.I(. JAIN, JJ.] 
B 
Service Law: 
Statute of Aligarh Muslim University-Statutes 61(6)(iv) and (v)-
Benefit of past service with another: employer-For grant of pensionary and C 
other retiral benefits-To professor-Benefit denied by employer-University 
since the employee had not applied through proper channel from the previous 
employer-University-High Court permitting grant of such benefit subject to 
refund of the retiral benefits from the previous employer-On appeal, held: 
Employee is not entitled to the benefit of computation of past service for the D 
purpose of retiral benefits-He had neither applied through proper channel, 
nor had he gone for the option within prescribed time to take retiral benefits 
on deposit of such benefits received from the previous employer-Compliance 
of the dictate under the statute to opt for such benefit within prescribed time 
was mandatory-Genera/ Rules and Regulation of the Council relating to 
sanction for Payment of Pension and Gratuity-r. 6 A. 
E 
Interpretation of Statutes-Brushing aside words in a statute as being 
inapposite surplusage-Held: Is not a sound principle of Construction-
Courts always presume that legislature inserted every part thereof for a 
purpose, legislative intent being that every part of statute should have effect. F 
Respondent, after resigning from Benaras Hindu University in 1979, 
joined University of Yemen. Working there for 7 years, he joined Shillong 
University. After resigning from there, he joined Aligarh Muslim University 
(AMU) on 14.04.1987. After his retirement, he requested for counting his 
service in Benaras Hindu University for the purpose of payment of pension G 
and other retiral benefits. The same was declined by AMU. He filed Writ 
Petition. In rejoinder affidavit, respondent stated that he had exercised the 
option regarding counting of his past service as required by the Statute of 
AMU, by letter dated 28.01.1989. High Court, relying on the letter dated 
28.01.1989, held that his services rendered in Benaras Hindu University shall 
763 
H 
764 
SUPREME COURT REPORTS 
[2007] 9 S.C.R 
A be taken into consideration for the purpose of payment of pension and other 
retiral benefits. The Court also directed the respondent to deposit the amount 
of gratuity received from Benaras Hindu University with interest. Hence the 
present appeal. 
B 
Allowing the appeal, the Court 
HELD: 1. Statute 61(6) (iv) of Statute of Aligarh Muslim University 
provides option that the employee will have to deposit with the University the 
retirement or terminal benefits received from the previous employer along 
with interest with the Aligarh Muslim University and this has to be done within 
C one year of joining the University. If this 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 such a case the past service rendered by him shall not be counted. 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 
D vice- versa is with the consent of that organization including a case where 
the individual had secured his employment on his own volition providing that 
he had applied through proper channel with the permission of .the 
administration/authority concerned. (Paras 6 and 13) (768-D, F; 772-F-G) 
2. The factual position which emerges is that the respondent did not 
E 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. It is not at all a case of transfer of an employee. There is no question 
F 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 Aligarh Muslim 
University. [Paras 8 and 13) [770-C; 772-H; 773-A) 
G 
H 
3. The letter dated 28.1.1989 shows that the respondent had exercised 
his option for Liberalized Pension Scheme including th

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