Shah Alom v. The Global Open University, Dimapur and Anr

Page No.# 1/3 GAHC020003272024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/112/2024 SHAH ALOM S/O MR. ABDUL KHALEQUE R/O HALDHIA GAON, GHUGUBARI BARPETA, ASSAM 781319 VERSUS THE GLOBAL OPEN UNIVERSITY, DIMAPUR AND ANR REPRESENTED BY THE VICE CHANCELLOR SODZULHOU, 7TH MILE VILLAGE P.O.- ARTC DIMAPUR DIMAPUR, NAGALAND 797112 2:THE REGISTRAR THE GLOBAL OPEN UNIVERSITY DIMAPUR SODZULHOU 7TH MILE VILLAGE P.O. ARTC DIMAPUR NAGALAND-79711 Advocate for the Petitioner : I IMCHEN Advocate for the Respondent :

Page No.# 2/3 B E F O R E HON'BLE MR. JUSTICE NELSON SAILO

24.06.2024 Heard Ms. Asa Rutsa , learned counsel for the petitioner who submits that the petitioner was appointed as Faculty Member for teaching the students of Bachelors' Degree in Hotel Management vide Order dated 11.08.2008 in the Global Open University in Nagaland. After serving for a number of years, the petitioner submitted his application for voluntary retirement w.e.f. 04.05.2022 on 28.03.2022. The same was accepted by the Vice Chancellor of the University and accordingly, an Order dated 12.04.2022 was passed, releasing him from service w.e.f. 01.05.2022 (FN). However, the learned counsel submits that the petitioner has not been paid his salary due to him and also, the University has not deposited their matching share in the Employees Provident Fund (EPF). Therefore, the petitioner prays for appropriate direction to the respondent University to pay the pending salary due to the petitioner amounting to Rs. 11,23,240/- and also direct them to deposit the share of the University in the EPF alongwith appropriate interest for the delay in making the entire payment.

[2.] The learned counsel has also drawn the attention of this Court to the Order dated 22.03.2024 passed by a Co-ordinate Bench of this Page No.# 3/3 Court in WP(C) No. 207/2022 wherein, the respondent authorities were directed to clear the arrear salary due to the petitioner therein alongwith Employees' Provident Fund amount within a time frame. The learned counsel submits that a similar direction may be passed in the instant case as well. [3.] Considering the submissions made by the learned counsel for the petitioner and importantly, on perusal of the statement prepared by the Accountant (Annexure-G) showing the amount due to the petitioner as Rs. 11,23,240/-, the writ petition is disposed of with a direction to the respondent authorities to examine and verify the claim for payment of arrear salary claimed by the petitioner and to pay the amount due to him alongwith the EPF amount within a period of 4 months from the date of receipt of a certified copy of this order. The petitioner also shall submit a copy of the writ petition alongwith a certified copy of this order to the respondent No. 2.

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JUDGE Comparing Assistant