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Gauhati High Court: ‘Big-Hearted’ University Pension Scheme Valid but Unavailable To Petitioning Retired Employee
Facts and Background:
Following the amendment to the Dibrugarh University Act, 1965, the Dibrugarh University Executive Council endorsed and embraced the Dibrugarh University Pension Rules, 2013, and the Dibrugarh University General Provident Asset Rules, 2013 at its 320th Meeting held on August 13, 2013. The Executive Council of the Dibrugarh University ratified the grant of one-third of the amount of monthly pension due to the University's retired employees as interim pension with effect from November 2013 in its 322nd Meeting held on 14.03.2014, as per the notification dated 05.12.2013.
The budget proposal for the pensionary benefit and non-salary in respect of Universities for the year 2015—16 has not been accepted by the finance commission on requests for MOUs of the respective Universities with the State Government, according to the Director of Higher Education, Assam, in a letter dated February 21, 2015. As a result, it was requested to take the appropriate steps to sign the Memorandum of Understanding for the State Government to approve the budget proposal as soon as possible. According to the petitioner, the MOU has only been created by the institution and has not yet been signed. Due to the non-release of money by the Government towards the pension for eligible retired employees of the University, one-third of the interim pension that had been granted to the eligible retired employees of the Dibrugarh University shall be halted w.e.f. the month of October 2015, according to the notification passed by the Executive Council of the University in its 327th meeting.
The College was forced to temporarily delay the disbursal of the 1/third interval benefits being delivered to eligible resigned representatives of the University w.e.f. November 2015, due to non-arrival of funds by the Government, according to another notification dated 09.11.2015.
Arguments:
Petitioner:
It was provided that a sum of Rs.200 lacs, allocated in the budgetary provision of the Government of Assam for 2014—15 with the end aim of paying pensionary benefits to retired workers, had been efficiently delivered and saved in the Dibrugarh College's record and, as a result, The University's resigned representatives should have paid the whole amount of annuities but only paid one-third of the benefits, and so the University authority had committed a true monetary irregularity by not paying the entire benefits.
The writ petitioners contended that it is a proper cause for this Court to intervene in the exercise of the extraordinary power granted by Article 226 of the Indian Constitution by issuing a writ in the notion of certiorari, thereby protecting the criticized warnings issued by the Dibrugarh University on October 5, 2015, and November 9, 2015. Mr. K N Choudhury, distinguished Senior Counsel for the petitioners, contended that by the unethical provisions of conceding benefits in the Act itself, the present petitioner, being the retired representatives, accumulated a legal stand to get their usual benefits, which cannot be thwarted away via administrative order as has been provided by the University concerned
Respondent:
Respondents Nos. 1, 2, and 3 have admitted in their affidavits-in-opposition that the DU has received Rs. 2,00,00,000/- (Rupees Two Crores) from the Government of Assam solely for pensionary benefits. However, the indicated sum falls considerably short of the money required for the payment of pensionary benefits, and as a result, the University was forced to make withdrawals/adjustments from the University's general budget.
On February 21, 2015, the Registrar of DU was scheduled to sign a Memorandum of Understanding with the State Government to make budgetary arrangements for the payment of pay rates and pensionary duty. In their second extra sworn statement dated 19.02.2021, the respondent Nos. 1, 2, and 3 stated that they agree with the ideas received from the Director of Higher Education, Assam, and the Joint Secretary to the Government of Assam, Higher Education Office for rolling out certain improvements in the draft MOU.
Held:
After hearing the arguments made by both sides and the evidence presented, the court stated that neither the petitioners' legitimate claim nor the Dibrugarh University's position can be dismissed in light of the factual background as well as the pleadings between the parties.
As a result, the court stated various steps taken to ensure that the MOU is granted and the pension scheme is drafted in the future to benefit all parties involved. However, the current petitioner did not receive the same treatment. They reasoned that one must give a liberal translation to the execution of such a generous government plan, which focuses on the friendly security of the resigned workers.
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