The Visva-Bharati vs Ar Dr. (Mrs.) Tanuka Das & Ors
2023 Latest Caselaw 6278 Cal

34      19.9.2023                  MAT 1679 of 2022
Ct-08                                       with
                                    I.A No. CAN 2 of 2023

                                The Visva-Bharati, Santiniketan
                                              Vs.
ar                               Dr. (Mrs.) Tanuka Das & Ors.

                       Mr. Soumya Majumder
                       Mr. Victor Chatterjee
                                         ... For the Appellant

                       Mr. Pradip Kumar Roy
                       Mr. Joydeep Roy
                       Mr. Tirthajit Roy Chowdhury
                                          ... For the Respondent no. 1/

Writ Petitioner

Mr. Anil Kumar Gupta ... For the UGC

Re: CAN 2 of 2023

1. We have heard the learned counsel

appearing for the parties.

2. In the impugned order the University was

directed to recalculate the salary, pension and

other retiral dues of the petitioner treating her to

be promoted as Professor on the basis of the

interview held on March 16, 2019 and release

the same together with arrears within two

months from the date of communication of this

order. This order was carried in a Special Leave

Petition which was disposed of on 24th July,

2023 by which liberty was given to the University

to approach the appeal forum in the High Court

itself by reviving the application already filed.

The revival application was allowed by the

coordinate bench.

3. The University upon depositing the entire

amount directed to be paid in terms of the

judgment and order dated 12th September, 2022

within a period of two weeks from date shall be

entitled to stay of operation of the impugned

order till the disposal of the appeal. However,

there shall be an unconditional stay of two

weeks.

In the event the University deposits the entire

amount with the learned Registrar General

within the aforesaid period, the impugned order

shall remain stayed till the disposal of the appeal

and the learned Registrar General shall deposit

the said amount in a suitable interest bearing

fixed deposit scheme in any nationalised bank

yielding highest return and shall renew the same

from time to time till the disposal of the appeal.

4. CAN 2 of 2023 is accordingly disposed of.

Re: CAN 1 of 2023

1. This application is wrongly appearing in

the list and the same has already been disposed

of on 12th September, 2023. The department is

directed to ensure that this application is not

shown as pending.

Re: MAT 1679 of 2022

1. The appellant is directed to file informal

paper books out of court with proper index

within four weeks from date upon prior service to

Mr. Tirthajit Roy Chowdhury, learned advocate

on record for the petitioner and Mr. Anil Kumar

Gupta, learned advocate for the UGC.

5. Since Mr. Tirthajit Roy Chowdhury,

learned advocate on record for the petitioner and

Mr. Anil Kumar Gupta, learned advocate for the

UGC appear, service of notice of appeal upon the

said respondents is dispensed with.

6. The appeal is ready as regards service.

7. The appeal shall appear under the heading

"Hearing" in the monthly list of December, 2023.

(Prasenjit Biswas, J.) (Soumen Sen, J.)