NORTH EASTERN HILL UNIVERSITY Vs. TAPAN KUMAR CHAKRABARTY
LAWS(MEGH)-2021-9-12
HIGH COURT OF MEGHALAYA
Decided on September 24,2021

North Eastern Hill University Appellant
VERSUS
Tapan Kumar Chakrabarty Respondents

JUDGEMENT

BISWANATH SOMADDER; C,J. - (1.)This writ appeal arises in respect of a judgment and order dtd. 8/6/2015, passed by a learned Single Judge in WP(C) No. 245 of 2014. By the impugned judgment and order, the learned Single Judge allowed the writ petition filed by the writ petitioner (Dr. Tapan Kumar Chakrabarty) while observing, inter alia, as follows:-
"12. From the submission of Mr. K. Khan, learned counsel appearing for the respondents, it is clear that there is no dispute that the petitioner had already been re-designated/appointed as Associate Professor and it is also very clear from the said order of Manipur University dated 20- 08-2005 that the petitioner had already been promoted to the post of Associate Professor in the Manipur University w.e.f 07- 02-2002 at the time of appointment of the petitioner as Reader in the NEHU vide order dtd. 6/2/2006. For the sake of repetition, it is reiterated that the pay of the petitioner as Associate Professor in the Manipur University had already been protected by NEHU vide order dtd. 7/3/2006 which has been quoted in extenso in the aforesaid para......"

(2.)A plain reading of the above quoted paragraph from the impugned judgment and order reveals that the entire case of the writ petitioner is based on order/orders passed by Manipur University, especially an order dtd. 20/8/2005, whereby, the writ petitioner is alleged to have been promoted to the post of Associate Professor of Manipur University, w.e.f. 7/2/2002, at the time of his appointment as a Reader in North Eastern Hill University (NEHU) vide order dtd. 6/2/2006. The learned Single Judge has proceeded to observe further in the said paragraph as follows:-
"This Court is of the considered view that the last pay of the petitioner as Associate Professor in the Manipur University shall be last pay of the petitioner after the benefit on implementation of the Sixth Central Pay Commission was granted to the petitioner by the Manipur University while he was Associate Professor in the Manipur University w.e.f. 1/1/2006 vide the said order dated 02- 11-2010 of the Manipur University".

(3.)Thereafter, the learned Single Judge was pleased to observe as follows:-
"This Court is of the further view that the stand taken by the University in the said paragraphs 9, 10, 12 and 13 of the affidavitin- opposition have no force in the given case inasmuch as NEHU had already protected the pay of the petitioner as Associate Professor in Manipur University and last pay of the petitioner as Associate Professor in Manipur University would be the last pay of the petitioner as Associate Professor fixed by the Manipur University w.e.f. 1/1/2006 while the petitioner was the Associate Professor of the Manipur University".



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