DIBRUGARH UNIVERSITY PENSIONERS ASSOCIATION Vs. DIBRUGARH UNIVERSITY

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned senior counsel appearing for the petitioners. Also heard Mr. R. Goswami, learned counsel appearing for the Dibrugarh University authority (respondent Nos.1 3), Mr. K. Gogoi, learned standing counsel appearing for the Higher Education/respondent Nos.5 and 8, Mr. R. Borpujari, learned standing counsel appearing for the Finance Department/respondent No.7. None has appeared for respondent Nos. 4 and 6.

(2.) The petitioner No.1 is an association, representing 460 (approximately) retired employees of the Dibrugarh University and the petitioner No.2 is the Secretary of the said Association and the present petition has been filed in a representative capacity on behalf of all members of the association who retired with CPF benefits. As per the Assam Gazette Notification No.216, dated 30.05.2013, the Dibrugarh University (Amendment) Act, 2013 (hereinafter referred to as 'the Amendment Act'), came into force by inserting, inter alia, Section 30A, providing pension to the teaching and non-teaching employees of Dibrugarh University, who retired from service, which reads as under:

(3.) After the amendment of the Dibrugarh University Act, 1965, the Executive Council of the Dibrugarh University in its 320th Meeting held on 13.08.2013, had approved and adopted the Dibrugarh University Pension Rules, 2013 and the Dibrugarh University General Provident Fund Rules, 2013. A notification vide No.DU/RG/G.01.01/13/9399, dated 05.12.2013 was issued by the Registrar of the University notifying that in view of the amendment of the Dibrugarh University Act and the consequent approval by the Executive Council, the process for release of the pension fund by the Govt. of Assam is in progress. The Dibrugarh University authority also released partial amount of monthly pension, due to the retired employees, w.e.f. November, 2013 to March, 2014 or until further order as interim relief, subject to post facto adjustment. The retired employees were also asked to submit the duly filled forms, as available in the Pension Cell of the University.