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2024 Supreme(Cal) 395

MOUSHUMI BHATTACHARYA
Sruti Bandopadhyay – Appellant
Versus
Visva-Bharati – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pushpal Chakraborty, Adv., Mr. Prisanka Ganguly, Adv.
For the Respondent: Mr. Anil Kumar Gupta, Adv., Mr. Soumya Majumder, Adv., Mr. Victor Chatterjee, Adv., Mr. Barnamoy Basak, Adv.

JUDGMENT :

Moushumi Bhattacharya, J.

1. The petitioner is a Professor of Manipuri Dance in Sangit Bhavan at Visva-Bharati, Santiniketan, where the petitioner joined in the said post on 17.1.2014. This is also the date of appointment of the petitioner as a Professor in Visva-Bharati / the respondent no. 1 University.

2. The petitioner is aggrieved by an agenda item of the Executive Council of the University dated 10.1.2020 and an Office Order dated 12.6.2020 by which the University took a decision to recover the alleged payment made to the petitioner from the date of her joining the University.

3. According to learned counsel appearing for the petitioner, the impugned agenda item of the meeting of the Executive Council is in breach of the principles of natural justice and contrary to the representation made by the University under Clause 6.4.1 of the UGC Regulations whereby the petitioner was allowed 4 additional increments on her basic pay on and from 1.4.2014. Counsel submits that the recovery from the petitioner of excess payment made for a period in excess of 5 years is contrary to settled judicial pronouncements.

4. Learned counsel appearing for the respondent University submits tha

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