Gauhati High Court
Page No.# 1/6 vs Dilip Chandra Nath And 2 Ors on 27 July, 2021
Page No.# 1/6
GAHC010081432019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/230/2019
GOPALJI MISHRA AND 9 ORS.
S/O LT. DR. BABU LAL MISHRA, QR. NO. P/R 10, ASSAM UNIVERSITY
RESIDENTIAL COMPLEX, ASSAM UNIVERSITY, P.O. ASSAM UNIVERSITY
SILCHAR-788011, DIST.- CACHAR, ASSAM
2: SATYA BHUSAN PAUL
S/O LT. BENAMALI PAUL
EAST K.C. ROAD
HOUSE NO. 2
N.S.AVENUE RANGIREKHARI
SILCHAR
DIST.-CACHAR
ASSAM
PIN-788005
3: MD. RAFIQUL ISLAM
S/O LT. HAJI AYUB ALI BISWAS
HYDERPUR EAST
NEAR KHERUR PRIMARY SCHOOL
ENGLISH BAZAR
P.O. MALDA
DIST.-MALDA
WEST BENGAL
PIN-732101
4: BHULESWAR MATE
S/O LT. NEMICHANDJI MATE
303
ASHIRWAD TOWER
53
BAJAJ NAGAR
NAGPUR
P.O.- NAGPUR
MAHARASTRA
PIN-440010
Page No.# 2/6
5: BIMAN KR. DUTTA
S/O LT. HARIPADA DUTTA
FLAT NO. 301
VIDYA ENCLAVE
SECTOR 56
PLOT GH-II
GURGAON-122011
HARAYANA.
6: RANJU RANI DHAMALA
W/O LT. PROFESSOR GOUTAM BISWAS
QR. NO. P/R 08
ASSAM UNIVERSITY RESIDENTIAL COMPLEX
ASSAM UNIVERSITY
P.O. ASSAM UNIVERSITY SILCHAR-788011
DIST.- CACHAR
ASSAM
7: NIKUNJA BEHARI BISWAS
S/O LT. RAM CHANDRA BISWAS
NO. 64
ANANDA DHARA
1ST LINK ROAD
1ST LANE
P.O.-SILCHAR
DIST.-CACHAR
ASSAM
PIN-788005
8: GEETIKA BAGCHI
W/O PROFESSOR M.C.SEKHAR
QR. NO. P/R 07
ASSAM UNIVERSITY RESIDENTIAL COMPLEX
ASSAM UNIVERSITY
P.O. ASSAM UNIVERSITY SILCHAR-788011
DIST.- CACHAR
ASSAM
9: PANYAM RAJARAO RAMESH
S/O PANYAM RAJARAO
C/O P.K.ROY
HOUSE NO. 1
LANE NO. 23
VIVEKANANDA ROAD
P.O. SILCHAR
DIST.-CACHAR
ASSAM
Page No.# 3/6
PIN-788007
10: DAL BAHADUR RAI
S/O LT. KARNA BAHADUR RAI
QR. NO. NT/D-01
ASSAM UNIVERSITY RESIDENTIAL COMPLEX
ASSAM UNIVERSITY
P.O. ASSAM UNIVERSITY SILCHAR-788011
DIST.- CACHAR
ASSA
VERSUS
DILIP CHANDRA NATH AND 2 ORS.
THE VICE CHANCELLOR, ASSAM UNIVERSITY, SILCHAR, DIST.-CACHAR,
ASSAM, PIN-788011
2:SANJIB BHATTACHARJEE
THE REGISTRAR
ASSAM UNIVERSITY
SILCHAR
P.O. ASSAM UNIVERSITY
SILCHAR-788011
DIST.-CACHAR
ASSAM
3:UNIVERSITY GRANTS COMMISSION
REPRESENTED BY ITS CHAIRMAN
Bahadur Shah Zafar Marg
New Delhi-11000
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : MR. A CHAMUAH, SC,UGC.
Linked Case : Cont.Cas(C)/219/2019
DEBJANI DEBNATH AND ANR.
W/O. LT. DR. PRANABENDRA DEBNATH
C/O. LT. ANIL CHANDRA DEB
R/O. HOUSE NO. 65
MAULOVI ROAD
AMBIKAPATTY
P.O. SILCHAR
PIN-788004
DIST. CACHAR
ASSAM.
Page No.# 4/6
2: MS. RANJU RANI DHAMALA
W/O. LT. PROFESSOR GOUTAM BISWAS QR. NO. P/R-08
ASSAM UNIVERSITY RESIDENTIAL COMPLEX
ASSAM UNIVERSITY
P.O. ASSAM UNIVERSITY
SILCHAR-788011
DIST. CACHAR
ASSAM.
VERSUS
DILIP CHANDRA NATH AND 2 ORS
VICE CHANCELLOR
ASSAM UNIVERSITY
SILCHAR
DIST. CACHAR
ASSAM
PIN-788011.
2:SANJIB BHATTACHARJEE
REGISTRAR
ASSAM UNIVERSITY
SILCHAR
P.O. ASSAM UNIVERSITY
SILCHAR-788011
DIST. CACHAR
ASSAM.
3:UNIVERSITY GRANTS COMMISSION
REPRESENTED BY ITS CHAIRMAN
BAHADUR SHAH ZAFAR MARG
NEW DELHI-110002
------------
Advocate for : MR. S K GOSWAMI
Advocate for : appearing for DILIP CHANDRA NATH AND 2 ORS
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
27.07.2021
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
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Mr. A Chamuah, learned counsel appearing for the respondent contemnor No.3
UGC represented by its Chairman.
2. 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.
3. 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.
4. 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
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Government or from the UGC.
5. 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.
6. 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.
7. 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.
JUDGE
Comparing Assistant
