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2021 Supreme(Gau) 293
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RUMI KUMARI PHUKAN, J.
Dibrugarh University Pensioners' Association And Anr. – Appellant
Versus
The Dibrugarh University And Ors – Respondent
WP(C)/2190 of 2016
Decided On : 19-05-2021
Advocate Appeared:
For the Appellant : MS.M BARMAN
For the Respondent: MR.S BHUYAN R- 1-3
Point of Law: Payment of Pensionary benefit to retired employees of University - As per Rule 3 (2) of Pension Rules, 10 % basic pay of employees' contribution shall be treated as a subscription to the GPF Account.
Headnote:
Dibrugarh University (Amendment) Act, 2013 - Section 30A - Payment of Gratuity Act, 1972 - Dibrugarh University Pension Rules, 2013 - Rule 3(i) - retirement from service - Pensionery Benefits - Contended that for the financial year 2015-2016, Government of Assam had clearly provided that a written MOU be entered by Dibrugarh University with Government of Assam so as to enable it to provide sanction and release required amount for purpose of payment of pensionary benefit to retired employees of Dibrugarh University - For purpose a specimen copy of required MoU being MoU between Assam Agricultural University and Government of Assam had also been provided, but authorities of Dibrugarh University are sitting over matter and have not signed MOU till date and on other hand not paying required pension to its retired employees, by citing reason that no fund had been released by Government of Assam - Such a diabolical stand on part of University is arbitrary, unreasonable and violates legal rights of retired employees to receive their pensionary dues.
Finding of the court: Objection raised by respondents cannot stand on way of issuing writ of mandamus to the State to adjudicate long standing claim of old/retired persons to redress grievances as per mandate of law - State respondents should shoulder liability to honour the wisdom of legislature, as Dibrugarh University cannot generate such high amount of its own. State respondents should sign MOU towards implementation of such Pension Scheme so as to grant adequate grant-in-aid to Dibrugarh University to provide required amount under proper head for disbursement of pensionary benefits of retired petitioners as well as regular pensioners - Statistics as to amount withdrawn of 1/3rd pension, as well as amount under CPF and also amount of monthly Gratuity, withdrawn by petitioners as on 28.09.2019 and furnished report before this Court. That being so, there will be no difficulty to make such similar exercise to assess the amount of pension/family pension of each of petitioners by deducting earlier amount of pension, Gratuity as well as proportionate amount of CPF to be returned.
Result: Petition allowed
JUDGMENT :
Heard Mr. K.N. Choudhury, learned senior counsel appearing for the petitioners. Also heard Mr. R. Goswami, learned counsel appearing for the Dibrugarh University authority (respondent Nos.1-3), Mr. K. Gogoi, learned standing counsel appearing for the Higher Education/respondent Nos.5 & 8, Mr. R. Borpujari, learned standing counsel appearing for the Finance Department/respondent No.7. None has appeared for respondent Nos. 4 and 6.
2. The petitioner No.1 is an association, representing 460 (approximately) retired employees of the Dibrugarh University and the petitioner No.2 is the Secretary of the said Association and the present petition has been filed in a representative capacity on behalf of all members of the association who retired with CPF benefits. As per the Assam Gazette Notification No.216, dated 30.05.2013, the Dibrugarh University (Amendment) Act, 2013 (hereinafter referred to as ‘the Amendment Act’), came into force by inserting, inter alia, Section 30A, providing pension to the teaching and non-teaching employees of Dibrugarh University, who retired from service, which reads as under:
“Section 30A (1) – The permanent employees of the University, both teaching and non teaching who have entered service before 1-2-2005 shall be entitled for pension on their retirement from the service of the University with effect from 1st day of April, 2013;
Provided that the employee of the University who entered service before 1-2-2005 and who have retired or expired before coming into force of this Act shall be entitled to receive pension or family pension as the case may be, under the provision of this Act.
Provided further that those employees of the University who have entered service on or after 1-2-2005 shall be covered under the New Pension Scheme introduced by the State Government.”
3. After the amendment of the Dibrugarh University Act, 1965, the Executive Council of the Dibrugarh University in its 320th Meeting held on 13.08.2013, had approved and adopted the Dibrugarh University Pension Rules, 2013 and the Dibrugarh University General Provident Fund Rules, 2013. A notification vide No.DU/RG/G.01.01/13/9399, dated 05.12.2013 was issued by the Registrar of the University notifying that in view of the amendment of the Dibrugarh University Act and the consequent approval by the Executive Council, the process for release of the pension fund by the Govt. of Assam is in progress. The Dibrugarh University authority also released partial amount of monthly pension, due to the retired employees, w.e.f. November, 2013 to March, 2014 or until further order as interim relief, subject to post facto adjustment. The retired employees were also asked to submit the duly filled forms, as available in the Pension Cell of the University.
4. On the basis of the above notification dated 05.12.2013, the Executive Council of the Dibrugarh University in its 322nd Meeting held on 14.03.2014, resolved as per the Resolution No.7 that, as approved by the Vice Chancellor under report to the Finance Committee, the grant of one third of amount of monthly pension due to the retired employee of the University as interim pension with effect from November, 2013 be ratified.
5. Rule 3(i) of the Dibrugarh University Pension Rules, 2013 (hereinafter referred to as ‘the Pension Rules’) provides that the permanent employees of the University, both teaching and non-teaching, who had entered service before 01.02.2005 shall be eligible for pension, on their retirement from the service of the University, w.e.f. 01.04.2013. It was also provided that the employees of the University who entered service before 01.02.2005 and who have retired or expired before coming into force of the Pension Rules shall also be entitled to receive pension or family pension, as the case may be. It was further provided that those employees of the University who had entered service
