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Judgment
Heard Mr. SK Goswami, learned counsel for the petitioners, Mr. SC Keyal, learned counsel appearing for the respondent contemnor Nos. 1 and 2
being the respondents No. 4 and 5 in WP(C) No.7485/2017 and WP(C) No.7481/2017 and Mr. A Chamuah, learned counsel appearing for the
respondent contemnor No.3 UGC represented by its Chairman.
We have taken note of that this is a contempt proceeding and the UGC on its own cannot be a respondent contemnor. At the same time, for the
present, we do not intend to register a contempt proceeding against the Chairman of the UGC. From such point of view, we requested Mr. A
Chamuah, learned counsel to provide the name of a particular officer who can represent the UGC as a respondent contemnor in this proceeding. It is
suggested that Smti Sunita Siwach, Joint Secretary, Legal, University Grants Commission, New Delhi would be the appropriate officer to be a
respondent contemnor in this proceeding for the time being. Accordingly, Smti Sunita Siwach be arrayed as respondent contemnor No.4 and Mr. A
Chamuah, learned counsel takes notice on her behalf.
By the judgment dated 13.05.2018 in WP(C) No.7481/2017 and WP(C) No.7485/2017, a direction was issued to the respondent Nos. 4 and 5
therein being the present respondent contemnors No. 1 and 2 to execute the switch over of the CPF of the writ petitioners in WP(C) No.7485/2017
and the husband of the petitioners in WP(C) No.7481/2017 to GPF-cum-Pension Scheme within a period of four weeks. On an allegation of non-
compliance of the said direction, these contempt proceedings had been instituted.
Mr. SC Keyal, learned counsel for the respondent contemnors No. 1 and 2 being the authorities in the Assam University has taken a stand that the
authorities in the Assam University had done the necessary paper works for the switch over of the contempt petitioners from the CPF to the GPF-
cum-Pension Scheme. But the monetary benefits out of such switch over could not be given to the contempt petitioners inasmuch as, according to the
Assam University authorities, the money for the purpose is go come from either the Central Government or from the UGC.
Although the said stand may indicate an inconvenience on the part of the authorities in the Assam University, but in a contempt jurisdiction, the
same cannot be a defence for non-complying with a direction of the Court. The direction of the Court to switch over from CPF to GPF-cum-Pension
Scheme would also include the payment of the consequential monetary benefits of the pensionery scheme and a mere completion of the paper works
for such conversion cannot be construed to be a complete compliance of the direction of this Court.
In the resultant situation, we require the respondent contemnors No. 1 and 2 to immediately pay at least one month pensionery benefits to the
petitioners, so that they can overcome their immediate hardship. But in the meantime, as regards the difference of views between the Assam
University and the authorities in the Central Government and the UGC, all the authorities may take up the matter amongst themselves and arrive at an
amicable understanding as to who will make the necessary payment of the pensionery benefits to the petitioners.
For the purpose, list the matter after one month. However, the one month pensionery benefits be paid within a period of seven days from today.
List the matters after one month.