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Tripura High Court · body

2022 DIGILAW 321 (TRI)

Prof. Arunoday Saha v. Tripura University, (A Central University)

2022-08-04

ARINDAM LODH

body2022
JUDGMENT 1. Heard Mr. SM Chakraborty, learned senior counsel assisted by Ms. P. Chakraborty, learned counsel appearing for the petitioner. Also heard Mr. Sikandar Jamatia, learned counsel for the respondents- Tripura University (A Central University). I have also interacted with Mr. Dipak Sharma, Registrar of the University and Mr. N. Reang, Deputy Finance Officer of the University, present before this court. 2. Shortly stated, the petitioner was a Professor of the erstwhile Tripura University which was controlled by the State. At that time, in pursuance of Syndicate's decision all the employees including Professors were asked to give option to switch over to GPF scheme from CPF scheme. Except six employees including the petitioner, all of the employees had given option expressing their willingness to switch over to GPF scheme from CPF scheme. 3. Mr. N. Reang, Deputy Finance Officer, informed this court that out of these six employees, two were already under GPF scheme in view of notification dated 13.09.2002 since both of them joined after 01.01.1997. On 02.07.2007, Tripura University had been converted to Central University. After almost a year, the petitioner had switched over to GPF scheme from his CPF scheme. The contribution of the petitioner out of CPF scheme was deposited to his GPF account and the University's contribution to the CPF account was refunded to State exchequer. 4. The petitioner retired from his service on 28.02.2013. He was paid his entitlement out of GPF scheme. At the time of his retirement, his pension amount was quantified to Rs. 72,000/- and odds. After four years of his retirement some errors were detected by the Audit team. 5. According to the University officials, the audit report was based on the UGC instruction as per relevant rules and regulations, applicable to Central University. It was detected that the petitioner was only entitled to Rs. 14,000/- out of pension but, not Rs. 72,000/-. Accordingly, the University had passed a direction for recovery of the excess amount paid by the University to the petitioner including recalculation of his pension amount and also for pushing him back to CPF scheme. 6. The petitioner had challenged the decision of the Central University asking for recovery of the excess amount by way of filing a writ petition before this court. The said writ petition was dismissed by a learned Single Judge of this court. Thereafter, the petitioner preferred an intra-court appeal before this court. 6. The petitioner had challenged the decision of the Central University asking for recovery of the excess amount by way of filing a writ petition before this court. The said writ petition was dismissed by a learned Single Judge of this court. Thereafter, the petitioner preferred an intra-court appeal before this court. A Division Bench of this court passed a direction upon the petitioner to submit a representation to the appropriate authority of University Grants Commission for consideration of his prayers. The University Grants Commission after taking personal hearing from the petitioner found no merit in the representation as well as submission of the petitioner and held that the computation of his pension amount was rightly made by the Tripura University-Central. Being aggrieved, the petitioner had submitted a review application to the University Grants Commission, but, till today the University Grants Commission has not given any reply, as submitted by Mr. SM Chakraborty, learned senior counsel appearing for the petitioner. 7. As such, I direct the University Grant Commission to dispose of the review application (Annexure 9 to the writ petition) submitted by the petitioner within a period of 2 (two) months from today. The University Grants Commission is further directed to take personal hearing of the petitioner while disposing of the review application. The petitioner is at liberty to agitate all grounds which may address his grievance while pursuing his review application. The petitioner is also at liberty to be represented by a lawyer of his choice in course of his personal hearing. The Registrar, Tripura University-Central shall forward a copy of this order to the UGC in Delhi for compliance of this order. The University-respondents also may clarify their stand in course of hearing of the case by the UGC. 8. With the above direction, the instant writ petition stands disposed. However, there shall be no order as to costs. Pending application(s), if any, also stands disposed.