GUWAHATI, India, Nov. 10 -- Gauhati High Court issued the following order on Oct. 13:

1. Heard Mr. D. P. Chaliha, learned Senior Counsel, assisted by Ms. M. Roy, learned counsel for the petitioner and Mr. S. C. Keyal, learned Standing Counsel, Tezpur University. None appears for the respondent No. 1.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 30.07.2024, passed by the respondent Tezpur University.

3. It is to be noted here that vide impugned order dated 30.07.2024, the Tezpur University had released the capitalized value of pension and retirement benefit of the petitioner, totaling to Rs. 30,92,665/-; including the retirement, gratuity and cash equivalent of un-utilized leave.

4. The background facts, leading to filing of the present petition, are briefly stated as under:-

"The petitioner was originally working as an Assistant Registrar in the Indian School of Mines at Dhanbad. Pursuant to an Advertisement No. F.13/1/1/97, dated 09.03.1999, the petitioner had applied for the post of Deputy Registrar in Tezpur University; wherein, he got selection and was appointed as Deputy Registrar, vide letter dated 10.04.2000. The petitioner assumed his charge on 30.06.2000, after his release from his earlier Office at Dhanbad, on 27.06.2000. Initially, the petitioner was put on probation, and thereafter, vide Resolution No. B, dated 22.05.2001, the petitioner was confirmed in the said post and the petitioner continued to serve in the University as Deputy Registrar. And in the year 2005, he had applied for the post of Registrar at NERIST, Nirjuli, Itanagar, and he got the said post; and on lien for two years, with extra ordinary leave, he joined his new assignment; after being released on 14.05.2007. As he continued in NERIST on technical resignation, under the provision of FR-22, read with para 26 (2) of CCS (Pension) Rules, 1972, w.e.f. 14.05.2007; and while joining in the Tezpur University in the year 2001, he informed the Registrar that he will opt for pension and other retirement benefits from the Tezpur University; and since his accumulated pension, as pro-rata, will be forwarded by the previous employer for the period from 1981 till 2000, for doing the needful in the matter; the petitioner also informed that while working as Registrar at NERIST, he will opt for pension under CCS (Pension) Rules, 1972, from the Tezpur University, since NERIST does not follow the pension scheme of the Central Government, by quoting the relevant rule regarding Autonomous Body, where the pension scheme is not in operation; by his letter dated 17.02.2009, he informed the Registrar, Tezpur University, and he opted for retirement benefit from the Tezpur University under CCS (Pension) Rules, 1972; and as the petitioner has put more than 25 years of service under the Central Government, and the autonomous bodies under the Central Government, he is eligible for full pension under CCS, Pension Rules, 1972, since he has completed more than 20 years of service. And in spite of repeated request made by the petitioner no action was taken and being aggrieved, by the letter dated 15.05.2021, issued by the Registrar, Tezpur University, asking the petitioner to write to NERIST, Arunachal Pradesh, for pensionary benefit with pro-rata benefit and length of service under Tezpur University will be transferred to NERIST for his acceptance; the petitioner had approached this Court by filing a writ petition, being WP(C) No. 7416/2022, and thereafter, vide order dated 09.01.2024, this Court was pleased to direct that the pensionary benefit required to be paid to the petitioner will have to be paid by the Tezpur University; and accordingly, the writ petition was disposed of, directing the Tezpur University to release pro-rata pension, payable to the petitioner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqLMejI%2FVdgORTaKu2UrNd0ZGzo100zEKXejKsG7iMKys&caseno=WP(C)/4564/2024&cCode=1&cino=GAHC010175212024&state_code=6&appFlag=)

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