RITU CHOWDHARY Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) Present writ petition is directed against the impugned inaction on part of Respondent No. 2/Aditi Mahavidyalaya in calculating and disbursing the pay, allowances and other service benefits of the Petitioner, payable to her in terms of Office Order dtd. 19/7/2021 as well as for payment of arrears of salary for the period 9/1/2010 to 30/5/2022, save and except, for the Deputation period from 15/10/2014 to 17/8/2017 allegedly due on account of promotions.

(2.) It is the case of the Petitioner that she was appointed with the Respondent No. 2/Aditi Mahavidyalaya on 17/7/2004 initially as Lecturer in Education - B. El. Ed. (Psychology) and was subsequently designated as Associate Professor w.e.f. 9/1/2013. Between 15/10/2014 to 17/8/2017, Petitioner was on Deputation as a Deputy Proctor to the Respondent No. 1/University of Delhi. Vide Office Order dtd. 19/7/2021, Petitioner was promoted as Assistant Professor Stage-III/Reader (Academic Level 12) w.e.f. 9/1/2010 and further designated as Associate Professor w.e.f. 9/1/2013 in the Academic Level 13A. All these promotions are stated to have been given from retrospective dates.

(3.) The grievance of the Petitioner articulated by counsel for the Petitioner is that till date the outstanding dues towards pay, allowances etc. have not been disbursed to the Petitioner despite Respondent No. 2 having an unutilized fund of approximately Rs.3.00 crores and knowing that it shall lapse on 31/3/2023. The right of the Petitioner to receive the salary and allowances flows out of the Office Order dtd. 19/7/2021 and there is no plausible or justifiable reason with Respondent No. 2 to withhold the legitimate dues of the Petitioner. Since Respondent No. 2 was not paying any heed to several requests of the Petitioner, she had no option but to approach this Court.