Koute-U Medo v. The Global Open University, Dimapur and Anr

Page No.# 1/3 GAHC020003292024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/114/2024 KOUTE-U MEDO W/O K. VIZOLIESOLIEZUO R/O H.NO. 024 UPPER BAYAVU HILL KOHIMA NAGALAND-797001 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 LDC-cum-Computer Operator on contractual basis in the Global Open University, Nagaland vide Order dated 02.09.2014. Her service was regularized vide Order dated

05.12.2017 w.e.f. 05.09.2014. However, on account of irregularity in payment of her salary, the petitioner was forced to submit her resignation letter on 30.11.2022 and her application was accepted by the Vice Chancellor of the University by passing an Order dated

19.12.2022 releasing her from service w.e.f. 01.01.2023 (FN). [2.] The learned counsel submits that the admitted arrear salaries due to the petitioner is Rs. 5,51,108/- and the respondents have failed to deposit their share in the Employees Provident Fund (EPF) as well. The learned counsel submits that the respondent University may be directed to pay the arrear salary to the petitioner and to deposit their matching share in the EPF alongwith interest for the delayed payment. [3.] 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 Court in WP(C) No. 207/2022 wherein, the respondent authorities were Page No.# 3/3 directed to clear the arrear salaries 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. 5,51,108/-, 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