ARUNODAY SAHA Vs. TRIPURA UNIVERSITY
LAWS(TRIP)-2019-1-46
HIGH COURT TRIPURA
Decided on January 16,2019

Arunoday Saha Appellant
VERSUS
TRIPURA UNIVERSITY Respondents

JUDGEMENT

ARINDAM LODH,J. - (1.)The writ petitioner, appellant herein, in the petition made the following prayers :
"(i) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders, direction/directions of like nature shall not be issued whereby quashing and cancelling the Memorandum No.F. TU/REG/ CPF-GPF/ 15/2016, dated, 30.06.2017, issued by the Registrar, Tripura University;

(ii) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders, direction/directions of like nature shall not be issued whereby quashing and cancelling the Letter No. F. TU/REG/ CPF-GPF/ 15/2016, dated, 14.06.2017, issued by the Registrar, Tripura University;

(iii) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders, direction / directions of like nature shall not be issued whereby directing the respondent to continue to reimburse the monthly pension of the Petitioner under the GPF Pension scheme in terms of the Memo. No. F.TU/REG/PEN-01/2012 (L), dated 08- 08-2013 issued by the Registrar (Offtg), Tripura University;

(iv) Pass an interim order staying the operation of the Memorandum No. F. TU/REG/ CPF-GPF/ 15/2016, dated, 30.06.2017, issued by the Registrar, Tripura University and Letter No. F. TU/REG/ CPF-GPF/ 15/2016, dated 14.06.2017, issued by the Registrar, Tripura University;

(v) Call for the records pertaining to the instant writ petition from the custody of the Respondents and make the Rules absolute after hearing the both sides;

(vi) Make the Rules absolute after hearing the parties;"

(2.)The learned Single Judge of this Court vide judgment dated 07-05-2018 passed in WP(C) No.1264 of 2017 titled as Prof. Arunoday Saha versus The Tripura University & Others dismissed the petition, resulting into the filing of the instant writ appeal which is disposed of on the following mutually agreed terms :
(a) Within four weeks from today, the writ appellant shall represent to the appropriate authorities, including the University Grant Commission (UGC), explaining his case as to how he is entitled for the benefits under the GPF Scheme.

(b) Upon receipt of such representation, the said authorities shall positively take a decision, after affording opportunity of hearing to all concerned, within a period of three months thereafter.

(c) Till such decision is taken, pension admissible as on date shall be released to the appellant. However, recovery in terms of communications dated 30th June, 2017 (Annexure- 8), Page-62 and 14th June, 2017 (Annexure-5), Page-55 shall not be effected.

(d) All issues are left open.

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