V.P.Mittal vs State Of Gujarat on 21 January, 2021
[1.7] According to the petitioner, the University, being
autonomous body, is empowered to frame the Rules
/conditions of service of its employees and there is no need to
get approval from the State Government. For the said
purpose, he has relied on the communication addressed by the
Registrar of the University dated 09.10.2004 addressed to the
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C/SCA/14748/2005 JUDGMENT
Secretary, Agriculture and Cooperation Department,
Sachivalaya, Gandhinagar whereby it is stated that the Rules
framed by it for considering the prior services rendered by its
employees with other State Governments is to be counted as
continuous service for the purpose of pension does not need
any approval. However, in view of the decision rendered by
this Court in the case of V.A. Vadukar Vs. State of Gujarat
rendered in Special Civil Application No.9467 of 1998, as
also in view of Sections 23(1) and 26(1) of the Gujarat
Agricultural University Act, 1969 (hereinafter referred to as
'Act, 1969'), the Board of Management of the University is
empowered to frame the Rules /conditions of service of its
employees, which is not requiring any approval of the State
Government under the 'Act, 1969', and therefore, it was
requested that the exercise undertaken for the approval of
those Rules becomes redundant.