Dr. Sarangadhar Baral v. The State of Assam and 5 Ors

PageoNo.#o1/4 GAHC010261172024 ooooooo 2024:GAU-AS:12983 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6877/2024o DR.oSARANGADHARoBARALo SONoOFoSUDARSANoBARAL,oPRESENToRESIDENToOFoT.-33,oBLOCKoIV,o QUARTER,oMIZORAMoUNIVERSITY,oAIZAWL,oMIZORAM-o796004 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoITSoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oHIGHERo EDUCATIONoDEPARTMENT,oDISPUR,oGUWAHATI-o781006 2:THEoDIRECTORoOFoHIGHERoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781006 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-o781006 4:THEoREGISTRARo(ADMINISTRATION) oMIZORAMoUNIVERSITY oTANHRILoAIZAWL-o796004 oMIZORAM 5:THEoPRINCIPALoACCOUNTANToGENERALo(AoANDoE) oASSAM oBELTOLA oMAIDAMGAON oGUWAHATI-o781029 6:THEoPRINCIPAL Page No.# 2/4 TIHU COLLEGE TIHU PIN-781371 DISTRICT-NALBARI ASSA Advocate for the Petitioner : MR D K ROY, MS. J BATHARISA,MR. M DEKA Advocate for the Respondent : SC, HIGHER EDU, SC, FINANCE,SC, AG (A AND E)

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R

19.12.2024 Heard Mr. D.K. Roy, learned counsel for the petitioner. Also heard Mr. S. Das, learned Standing Counsel, Higher Education Department, Assam for the respondent Nos. 1 & 2, Ms. R.M. Barua, learned Standing Counsel, Finance Department, Assam for the respondent No. 3 and Mr. R.K. Talukdar, learned Standing Counsel, Principal Accountant General (A&E), Assam for the respondent No.5.

¶2The petitioner was initially appointed as a Lecturer in the Department of English at Tihu College, Tihu by an order dated 25.08.1984 and the service of the petitioner was regularized w.e.f. 01.01.1986. While the petitioner was working as a Lecturer at Tihu College, pursuant to an advertisement dated

08.09.2004, the petitioner applied for the post of Reader in English in the Mizoram University through proper channel. The petitioner was successful in the recruitment process and accordingly, the Deputy Registrar (Admin-1), Mizoram University by letter dated 06.12.2005, offered the letter of appointment to the petitioner for the post of Reader in the Department of English, Mizoram University. The petitioner accordingly joined to the said post on 12.12.2005. On Page No.# 3/4

03.03.2010, the Deputy Registrar (Admin-1), Mizoram University by a communication dated 03.03.2010, requested the Director of Higher Education, Assam and the Principal, Tihu College to expedite the conversion of CPF account into GPF account so that the benefits of Gratuity, Pension, Leave Encashment etc due to the petitioner could be processed and finalized. However, as the CPF was not converted into GPF, the petitioner approached this Court by filing WP(C) No.2786/2021, which was disposed of by an order dated 25.04.2024 by recording the submission of the learned Standing Counsel, Accountant General, Assam that the GPF Account of the petitioner was already opened bearing No.CED-7491. Thereafter, the petitioner submitted his GPF account before the concerned respondents.

¶3On 05.06.2024, the Joint Registrar (Establishment) of the Mizoram University by a communication dated 05.06.2024 wrote to the Director of Higher Education, Assam on the subject of permanent absorption of the petitioner in the Department of English and Cultural Studies, Mizoram University and stated that as the petitioner is due to retire on 30.04.2025, the settlement of the benefits of Gratuity, Pension, Leave Encashment along with GPF in respect of the petitioner may be processed and finalized.

¶4The grievance of the petitioner is that despite the letter dated

05.06.2024 written by the Joint Registrar (Establishment) of the Mizoram University, the Director of Higher Education, Assam is yet to take a call on the said letter. Hence, the present writ petition.

¶5Considering the short issue involved, this writ petition is disposed of directing the Director of Higher Education, Assam to consider and take a call on the letter dated 05.06.2024 written by the Joint Registrar (Establishment) of the Mizoram University within a period of one month from the date of receipt of a Page No.# 4/4 certified copy of the order of this Court.

¶6With the above observations and direction, this writ petition stands disposed of.

JUDGE Comparing Assistant