Ram Gopal Prasad v. The Gauhati University and 7 Ors

ORDER Date : 10.01.2024

Heard Mr. A. Upadhyay, learned counsel, appearing on behalf of the petitioner. Also heard Mr. P. J. Phukan, learned standing counsel, Gauhati University, appearing on behalf of the official respondents.

The petitioner by way of instituting the present writ petition, has prayed for a direction for interference with an order, dated 05.03.2019, and also to release to him the pension and pensionary benefits. The petitioner has also prayed for a direction to the authorities of the Gauhati University to return 4 KVPs which was furnished by the petitioner to the authorities for a security for the work, he was engaged for. It is to be noted that vide order, dated 15.06.2011, the petitioner was terminated from his services, and the said order of termination is not under challenge and still holds the field.

In view of the said position, the writ petitioner is not entitled to receive the pension and pensionary benefits. However, considering the prayer made by the learned counsel for the petitioner that the petitioner is entitled to certain other benefits including the subsistence allowance and return of the said 4 KVPs; this writ petition is hereby disposed of by directing the petitioner to submit a detailed representation before the Registrar, Gauhati University, Page No.# 3/3 highlighting the dues receivable by him other than the pension and pensionary benefits on account of the services rendered by him prior to his termination from service including the claim for return of the 4 KVPs.

The Registrar, Gauhati University, or any other competent authority, empowered to take a decision in this connection, after taking due approvals that may be called for, shall consider the representation submitted by the petitioner strictly in accordance with law by noticing the rights of a terminated employee may have in making such claims, and dispose of the said representation, by a speaking order.

The petitioner, for the said purpose, shall submit a representation along with a certified copy of this order to the Registrar, Gauhati University, immediately.

The said exercise shall be initiated and carried-out within a period of 2(two) months from the date of receipt of the representation from the petitioner along with a certified copy of this order. With the above directions, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010124162021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4593/2021o RAMoGOPALoPRASADo S/O-oLT.oMAHABIRoPRASAD,oR/O-oBASISTHAoLOTAKATA,oSANTIoNAGAR,o GHY-29,oDIST.-oKAMRUPo(M),oASSAM VERSUSo THEoGAUHATIoUNIVERSITYoANDo7oORSo REP.oBYoTHEoREGISTRAR,oGAUHATIoUNIVERSITY,oJALUKBARI,oGHY-14 2:THEoEXECUTIVEoCOUNCILoGAUHATIoUNIVERSITYoJALUKBARI oGHY-14oREP.oBYoITSoCHAIRMAN 3:THEoVICEoCHANCELLORoGAUHATIoUNIVERSITY oJALUKBARIoGHY-14 4:THEoREGISTRARoGAUHATIoUNIVERSITY oJALUKBARIoGHY-14 5:THEoTREASURERoGAUHATIoUNIVERSITY oJALUKBARIoGHY-14 6:THEoCOMM.oANDoSECY.oGOVT.oOFoASSAM oFINANCEoDEPTT.oDISPURoGHY-6 7:THEoCOMM.oANDoSECY. oPENSIONoANDoPUBLICoGRIEVANCES oGOVT.oOFoASSAMoDISPURoGHY 8:THEoACCOUNTANToGENERALo(AoANDoE) oMAIDAMGAONoBELTOLAoGHY-28oASSAMo AdvocateoforotheoPetitionerooooo:oMRoAoUPADHYAYo AdvocateoforotheoRespondento:oSC,oGoUoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR