State Of Punjab And Anr. vs Sardari Lal And Ors. on 28 November, 2000
[2.1] According to Shri G.M. Joshi, learned Counsel in
view of the decision of this Court rendered in Special Civil
Application No.9467 of 1998 and the decisions of the Supreme
Court in the case of State of Punjab and Another Vs.
Sardari Lal and Ors reported in (2003) 10 SCC 253; in the
case of Union of India Vs. Gurnam Singh reported in
(1982) 2 SCC 314 and in the case of State of West Bengal
and Others Vs. Ratan Behari Dey and Others reported in
(1993) 4 SCC 63, the petitioner would be entitled to the
benefit of the Rules framed by the University as pension is a
condition of service. Such rules can be framed by the
University independently without any approval from the State
Government. In view of the aforesaid decisions, it is submitted
that the University need not ask for or wait for approval or
sanction of the State Government and cannot take a stand
contrary to the settled law.