Point of Law: Existing pension at the rate of Central University be stopped - petitioner had been substantively appointed in the post of the Registrar of Tripura University. Hence, the service rendered by the petitioner under the University of Calcutta and Tripura University would be treated as the qualifying service.

JUDGMENT :

Heard Mr. T. Debbarma learned counsel appearing for the petitioner as well as Mr. B. N. Majumder, learned senior counsel assisted by Mr. R. Datta and Mr. R.Tewari, learned counsel appearing for the respondents.

2. By means of this petition, the petitioner has challenged the decision of the executive council taken in its 32nd meeting (Annexure-23 to the writ petition). In the said meeting, it was resolved as under:

“(ii) The Report of the Committee constituted vide letter No.TU/REG/EC/29/2017, dated 27.01.2017 was placed in the meeting. The members of the Council resolved that the existing pension at the rate of Central University be stopped to Shri Onkar Sadhan Adhikari, Ex-Registrr, T.U Instead, Shri Adhikari be allowed pension as per the norms and rules of the University of Calcutta where he held the substantive pot before joining to the tenure post of the Registrar at Tripura University. Further, it is resolved that necessary steps be taken to recover the excess amount paid to Shri Adhikari beyond the admissible rules.

Further, it has been resolved that adequate steps be taken by the University to fix the responsibilities for the breach of rules for showing undue favour to Shir O.S. Adhikari, Ex-Registrar and necessary action be taken as per the established rules.”

[Emphasis added]

3. It is evident from the notification dated 27.11.2017 (Annexure-R3 to the reply filed by the University respondents) that a committee was constituted to look into the matter relating to the pension for employees of Tripura University and to the matter of pension of the petitioner who has served as the Registrar of Tripura University, hereinafter referred to as the University, even though there had been no express reference. The said committee, as referred, in the resolution as adopted in the 32nd meeting of the Executive Council has made certain observation in respect of the pension that has been accorded by the Tripura University in respect of the petitioner:

2] The matter of pension of Shri O.S. Adhikari, Former Registrar of Tripura University

Following documents were examined in detail.

(i) Fundamental Rule and Supplementary Rules of Govt. of India.

(ii) Tripura University Act, 2006 No.9 of 2007;

(iii) Copy of appointment letter issued to Sri O.S. Adhikari, Ex-Registrar stating terms of appointment/

(iv) Copy of Memo No.F.TU/REG/PF-OFFICER/29/2014 dated 12th February, 2018 issued by Tripura University in favour of Sri O.S. Adhikari, former Registrar.

Observation of the Committee:

1. Registrar’s post of Tripura University as per the Tripura University Act, 2006 is a ‘Tenure post;

2. According to the Fundamental Rules of Govt. of India point no.(22), page no.9, ‘Permanent post’ means a post carrying a definite rate of payment sanctioned without limit of time; whereas ‘Tenure Post’ means a permanent post which an individual Government servant may not hold for more than a limited period;

3. Tripura University Act, 2006 does not provide for a ‘Probationary Period’ to a tenure post;

4. Sri O. S. Adhikari, former Registrar was serving as the Controller of Examination at University of Kolkata on a substantive post under West Bengal State University Act prior to Joining Tripura University.

5. However, appointment letter no.TU/REG/PF-OFFICER/29/2014, dated 30.01.2014 issued by Tripura University to Sri O. S. Adhikari, former Registrar, states in the third paragraph “He will be on probation for a period of one year from the date of joining”.

6. Tripura University through its memo no.F.TU/REG/PF-OFFICER/29/2014 dated 12.02.2015 state “Sri Onkar Sadhan Adhikari, Registrar, Tripura University has successfully completed one year of his service period and the University authority has been pleased to absorb him permanently to the post of Registrar for a tenure of five years or till the attainment of sixty tow years of age from the date of his joining to this Universtiy from 12th February, 2014 onwards.”

7. Now the appointment letter and the memo (aforesaid point No.