Aparna Bhattacharya vs Vice Chancellor, Patna University and Others

A.N. Trivedi, J.—The Petitioner who was working as Reader in the Patna University was reverted by order dated 1.3.1993 (Annexure-3) and she superannuated from the post of Lecturer on 30.11.1993. She has filed the writ petition challenging the order of reversion and has prayed for consequential benefits and retrospective promotion to the rank of Professor and has further claimed that gratuity and pension be directed to be paid to her.

In the Counter Affidavit filed on behalf of the Patna University it has been stated that the order of reversion dated 1.3.1993 (Annexure-3) in so far as it relates to the Petitioner has been withdrawn by the Notification dated 26.3.1996 issued by the Registrar, Patna University, copy of which has been annexed as Annexure-A to the Counter Affidavit and the Petitioner has been permitted to draw her salary in the prescribed pay scale of Reader under the merit promotion scheme till the date of her superannuation. It has been further stated that pension of the Petitioner has been revised and fixed in the scale of Rs. 3700-5700 admissible to the post of Reader and the pension payment order is being issued to the Petitioner in this regard. The University has given an undertaking to pay to the Petitioner the amount due towards provident fund without undue delay. It has, however, been stated by the Petitioner that the following grievances have yet not been redressed by Respondents 1 and 2:

(1) She has not been paid any leave encashment, though she has not availed any earned leave.

(2) About Rs. 15,000/- the remaining of her provident fund has not been paid yet.

(3) About Rs. 50,000/- as her deferred D.A. of 6 years have not been paid as yet.

(4) Arrears of her salary as Reader admitted by Annexure-A to the Counter Affidavit of Respondents 1 and 2 from 22.12.86 to April, 1990 have not been paid.

(5) Her arrears of pension of 18 months beginning from December, 1993 upto May, 1995, have not been paid even according to Annexure-2.

(6) Her pension of Rs. 769.00 per month as well as family pension of Rs. 600.00 per month as fixed by Annexure-2 will have to be upgraded not only in view of Annexure-A to the Counter Affidavit of Respondent Nos. 1 and 2, but also in the light of her promotion to the post of University Professor, which is yet to be considered by the University.

(8) The Petitioner has not yet received her gratuity of Rs. 25,200.00 as per Annexure-B to the Counter Affidavit of Respondent No. 4, the State of Bihar.

Learned Counsel for the University has contended that the Petitioner is not entitled to the time bound promotion to the post of Professor as the scheme itself has been withdrawn.

Having considered the submission made by learned Counsel for the parties, the Writ Petition is disposed with a direction to the Vice-Chancellor, Patna University, Respondent No. 1, to examine the claim of the Petitioner set forth hereinabove and pay the admitted dues with admissible interest within three months from the date a certified copy of this order is produced/received by Respondent No. 1 and in case any claim is disallowed, reasons for the same shall be communicated to the Petitioner.