NARENDRA NATH SHARMA (DR.) Vs. THE GAUHATI UNIVERSITY & ORS.

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution of India, the petitioner as prayed that a writ of Mandamus be issued directing the Gauhati University to pay his gratuity with interest.

(2.) The petitioner Shri N.N. Siddhant joined Gauhati University in the year 1955 and retired as Professor and Head of the Chemistry Department of the University on and from 31.3.84. Under rule 3 of the Gauhati University Retirement Benefit Rules, 1974, the petitioner opted the schemes set out in Appendix B to the Rules. The petitioner has not been paid the gratuity as provided under para 2 of the Appendix-B. It appears that sometime in the year 1987, the Gauhati University raised for recovery or adjustment of certain amount of money pertaining to 1969-1975. The petitioner submitted reply to the University that nothing was to be paid by or recovered from him. Be that as it may, the petitioner has not been given his gratuity.

(3.) Para 2 of the Appendix-B provides that an employee who has completed minimum service by which he becomes entitled to University's share of contribution to the CP Fund, shall be granted gratuity in accordance with the scale of gratuity indicated in Schedule 'C'. The gratuity shall be payable on his leaving service of the University. In the event of his demise the gratuity shall be payable to the nominee or nominees of the deceased in the manner prescribed (vide Annexure Form Vs. to VIII).