RABINDRA NATH GOSWAMI Vs. GAUHATI UNIVERSITY

JUDGEMENT

(1.) ".. Pension and gratuity are no longer any bounty to be distributed by the Govt. to its employees on their retirement but have become, under the decision of this Court (Supreme Court of India) valuable right and property in their hands and any culpable delay in settlement and disbursement thereof must be visited with the penalty of payment of interest at the current market rate till actual payment...."

(2.) The aforesaid observation is not an appeal to the conscience but a law declared under Article 141 of the Constitution of India. 12 years ago the aforesaid observation was made by the Supreme Court of India in the State of Kerala and ors. Vs- M. Padmanabhan Nair reported in 1985 (1) SCC P. 429 The Petitioner served as a lecturer of Gauhati University and retired as Reader in Applied Botany and Biotechnology on 19.1.90. By a letter the Registrar, Gauhati University intimated the Petitioner in the following way ; ".. While intimating the date of superannuation falls on 19.1.90 on attainment of 60 years of age, 1 am to state that this University will remain thankful to you for your long and sincere services. The matter relating to your retirement benefits etc. will be dealt with in due course. With kind regards,

(3.) By letter dated 2.1.1990 the Petitioner wrote to the Registrar, Gauhati University reciprocating the sentiment from his end in the following line : ".. Thank you for your laudatory expression while intimating my date of superannuation from this University service. The virus of your sentiments as expressed in that letter has also affected me. No doubt the employer employee relationship between this University and me is coming to an end soon but the mutual respect and trust I am sure, will go beyond this relationship. Finally 1 request you to settle my retirment benefits and other money matters by a reasonably early date. With personal regards............." Despite expression of sentiment by the parties in the aforesaid two letters the relation broke down and the said relation did not last long. Because of delay in payment of the retiral benefit and Petitioner started issuing legal notices from his end, demanding the gratuity along with 15% interest thereon. On 1.10.92 the Registrar of Gauhati University issued the following office orders : "OFFICE OF THE REGISTRAR ; GAUHATI UNIVERSITY GUWAHATI. PERSONNEL DEPARTMENT (ESTABLISHMENT T BRANCH) OFFICE ORDER DATED THE 1st OCTOBER, 1992. Administrative order for release of gratuity money payable to Shri R.N. Goswami, Retd. Reader in Applied Botany & Biotechnology, G.U. is hereby released. Sd/- M.C. Bhuyan, Registrar, Gauhati University, Memo No. ESTT/T/133/92/1067-70 Daled 1.10.92 Copy forwarded for information and necessary action to : 1. The Treasurer, G.U.with a request to submit a proposal to the Registrar for approval of the E.C 2. The Secretary, U/Classes, G.U. 3. Shri R.N. Goswami, Retd. Reader in Applied Botany & Biotechnology, G.U. Sundarbari, Guwahati-14. Personal file. Sd/- Registrar, Gauhati University. Though it is shown as release order virtually it was only a proposal which will appear from the entrustment of the Registrar to the Treasurer of the Gauhati University with a request to submit a proposal to the Registrar for the approval of the Executive Committee. The matter was taken up before the Executive Council as stated by the teamed counsel for the Respondents and Executive Council sanctioned the gratuity on 11.1.93 by letter dated 19.5.93. The Treasurer of the Gauhati University informed the Petitioner that the Cheque for the gratuity is ready for payment. On receipt of the said letter on 21,5.93 the Petitioner contacted the office of the Respondent No, 4, the Treasurer and finally cheque was handed ever to him on 5.6.93 vide cheque No. 791428 dated 10.5.93 for an amount of Rs. 68,825/- As per the minute of the Executive Council meeting the gratuity of the Petitioner was computed and settled at Rs. 72,000/- being gratuity for his 29 years 5 months 9 days service as per Gauhati University Retirement Benefit Rule 1974. In a most unjust manner Rs. 3,175/- was deducted there-front Petitioner also stated that even after his retirement he was re-employed in the Department of Applied Botany & Biotechnology, Gauhati University on the basis of the letter dated 9.1.90 and accepted the said offer and worked under Re-employment up to the end of the current academic session i.e. 1990. By another Letter dated 11.8.90 the Petitioner was again appointed as Guest Lecturer in Applied Botany & Biotechnology on a remuneration of Rs, 100/- per lecture subject to maximum of Rs, 2000/- per mouth with effect from his date of joining for a period of two months. By another letter dated 22.11.90 from Registrar, Gauhati University Petitioner was appointed as Guest Lecturer in the same terms and condition for academic session, 1991.By letter dated 2.9.91. Petitioner expressed his desire to vacate residential Quarter No. 37 allotted to him which he was so long occupying and requested, Registrar, Gauhati University for making appropriate arrangement for taking the charge of the aforesaid Quarter on behalf of the University. By the said letter he further requested the Registrar to release his gratutiy and other payments and also requested Registrar about the payment of any dues he lias to pay to the University, in the Paper Book a letter from the said Registrar addressed to the Petitioner is found whereby the Petitioner requested to take necessary action to vacate the Quarter accordingly. And the Estate Office by his letter dated 28.9.91 informed the Registrar, Gauhati University that the Petitioner has vacated the Teacher Quarter No. 37 on 22.9.91.