Regina Chakrunuo v. The Global Open University, Dimapur and Anr

Page No.# 1/3 GAHC020003282024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/113/2024 REGINA CHAKRUNUO D/O SHRI RUOKOLHULIE CHAKRUNUO R/O BLOCK-1, H.NO. 56 MEDZIPHEMA TOWN CHUMOUKEDIMA, NAGALAND 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, learnedcounsel for the petitioner who submits that the petitioner was appointed as Faculty Member on contractual basis under the Department of Fashion Technology in the Global Open University, Nagaland on a fixed pay vide Order dated

09.08.2012 and she was regularized to the said post vide Order dated

29.08.2016 w.e.f. 01.09.2016. However, the petitioner submitted her resignation on 02.11.2020 requesting acceptance of her resignation w.e.f. 02.11.2020. Her application was accepted by the Vice Chancellor of the University and accordingly, Order dated 05.11.2020 was passed, releasing her from service w.e.f. 02.11.2020 (FN). [2.] The learned counsel for the petitioner submits that an admitted amount of Rs. 8,81,623/- which is towards the arrear salaries of the petitioner is pending to be paid as on date. The respondents have also not paid their matching share in the Employees Provident Fund (EPF). Accordingly, the learned counsel submits that the respondent University may be directed to release the arrear salary and also to deposit their matching share in the EPF and the petitioner be paid the entire amount with interest for the delay in making the payment. [3.] The learned counsel has also drawn the attention of this Court to Page No.# 3/3 the Order dated 22.03.2024 passed by a Co-ordinate Bench of this 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. [4.] Considering the submissions made by the learned counsel for the petitioner and importantly, on perusal of the statement prepared by the Accountant of the University (Annexure-H) showing the amount due to the petitioner as Rs. 8,81,623/-, 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 her 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.

Sd/-

JUDGE Comparing Assistant