Tripura High Court
Central Agricultural University vs Dr. Vinodakumar Somashing Naik on 8 July, 2024
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WA No. 79 of 2024
Central Agricultural University
...... Appellant(s)
VERSUS
Dr. Vinodakumar Somashing Naik
...... Respondent(s)
For Appellant(s) : Mr. S Lodh, Adv.
Mr. Subham Majumder, Adv
For Respondent(s) : Mr. B Majumder,Dy. SGI.
BEFORE
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
Order
08.07.2024
Learned counsel for the appellant Mr. S Lodh, at the outset
submits that the impugned judgment was rendered on the first day
on which it was taken up, whereby the learned writ court directed the
respondents to issue no objection certificate in favour of the
petitioner, to make him eligible for submitting application for
appointment to the post of Associate Professor. Therefore, the
appellant-Central Agricultural University, Imphal could not place its
case.
Learned counsel for the appellant raised a preliminary objection
to the maintainability of the writ petition in view of the notification
dated 25.10.2007 issued by the Ministry of Personnel, Public
Grievances and Pensions (Department of Personnel and Training)
whereunder the Central Agricultural University, Imphal has been
declared to be an organization covered under Section 14(3) of the
Central Administrative Tribunals Act, 1985.
It is submitted that the court of first instance in case of
employees of the Central Agricultural University, Imphal would be the
learned Central Administrative Tribunal having jurisdiction over the
case of the parties. On merits also learned counsel for the appellant
has referred to the bond executed by the writ petitioner at the time of
entry into service which have also been quoted in the impugned
judgment.
He submits that in the wake of a categorical undertaking by the
writ petitioner that he will not submit any application or No Objection
Certificate for outside employment during initial 5 years of his
service, the appellant-University could not have granted No Objection
Certificate to the petitioner for applying for the post of Associate
Professor in the University of Agricultural Sciences, Bangalore as he
had completed only 4 years and 2 months by that date. The learned
writ court had not duly considered this issue while directing issuance
of NOC in his favour.
Issue notice on the writ petitioner-respondent No.1. Notice be
effected through his Head of Department under the Central
Agricultural University, Imphal.
Requisites be filed by Friday.
Office to serve notice upon learned counsel for the appellant by
18.07.2024. After effecting service of notice through the aforesaid
mode, let an affidavit in proof thereof, be filed in within two weeks
thereafter.
Learned counsel for the appellant submits that the writ
petitioner has issued an advocate notice to take recourse to legal
remedy including contempt application, if the impugned order is not
complied with.
In the meantime, no coercive steps be taken pursuant to the
impugned direction against the appellant-University.
List the matter on 6th August, 2024.
(S. DATTA PURKAYASTHA) J (APARESH KUMAR SINGH) CJ
SATABDI DUTTA Digitally signed by SATABDI DUTTA
Date: 2024.07.12 10:29:46 +05'30'
Satabdi
