SUDIPTA BHATTACHARYYA Vs. VISVA-BHARATI

JUDGEMENT

(1.) The issue to be decided in the instant writ petition is, whether the University can deduct a portion of the salary of its employees, as donation, without obtaining their consent.

(2.) The petitioners are Adhyapakas of different departments of Visva-Bharati, Santiniketan. They are dissatisfied with the action on the part of the Registrar (Acting), Visva-Bharati in issuing a notice being No. REG/1547 dated 24th May, 2020 intimating that the accounts office will deduct a day's salary from the monthly salary of May, 2020, for donating the same in the Chief Minister's Relief Fund, West Bengal/West Bengal State Emergency Relief Fund in aid of the people affected by cyclone Amphan that hit Kolkata and several districts of West Bengal on 20th May, 2020.

(3.) A subsequent notice dated 29th May, 2020 issued by the Registrar (Acting) has also been placed before the Court. The notice mentions that by virtue of the powers vested in the University and the Vice-Chancellor as per Sections 6 and 14(3) read with Section 5A and other provision of the Visva-Bharati Act, 1951, herein after referred to as 'the Act', the Vice-Chancellor has found it appropriate for the University to contribute to the Chief Minister's Relief Fund, West Bengal/West Bengal State Emergency Relief Fund by means of donation of one day's salary of all permanent employees to support the endeavour of the Government. The notice further mentions that the permanent employees of Visva-Bharati are expected to donate a day's salary in keeping with the Rabindrik tradition and objectives of the University which are described in Sections 5A, 6 and elsewhere in the Act and Statutes.