Dr. Rupamanjari Ghosh vs Jawaharlal Nehru University on 21 May, 2025

[Cites 1, Cited by 0]

Delhi High Court - Orders

Dr. Rupamanjari Ghosh vs Jawaharlal Nehru University on 21 May, 2025

1. These two writ petitions have been filed by the same petitioner against Jawaharlal Nehru University ["JNU"]. They have been marked to this Bench by the Hon'ble the Chief Justice to be heard together.

2. The petitioner was appointed as an Assistant Professor of Physics in JNU in the year 1988. She served with JNU until 2012, when she took up a position with Shiv Nadar University, for which she was granted extraordinary leave by JNU.

W.P.(C) 7596/2023 and connected matter Page 1 of 4

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 16:08:32

3. The petitioner continued to occupy a residence on the JNU campus, which she claims was duly authorised, and in terms of the JNU House Allotment Rules. JNU, however, contends otherwise, and by a communication dated 05.08.2022, has called upon her to pay occupation charges and electricity charges for the period of allegedly unauthorised occupation. This communication is under challenge in W.P.(C) 7596/2023. While issuing notice, this Court noted that the petitioner no longer resides in the said premises, and directed that no coercive steps should be taken against her for recovery.

4. In the meantime, the petitioner has filed W.P.(C) 377/2024 for the release of her retiral benefits. The retiral benefits, as indicated in the synopsis of the writ petition, are to the tune of approximately Rs. 90,00,000/-, including leave encashment, gratuity, and Contributory Provident Fund ["CPF"].

5. In the counter affidavit filed by JNU, it has been contended that the retiral benefits are not being released on account of the pending recovery of occupation charges and other charges in respect of her University accommodation.

6. Mr. Abhik Chimni, learned counsel for the petitioner, submits, at this stage, that, without prejudice to the rights and contentions of the parties in W.P.(C) 7596/2023, JNU be directed, at least, to release the balance amount of the petitioner's retiral dues, about which there is no controversy.

7. Ms. Meenakshi Kataria, learned counsel for JNU, was granted a passover to take instructions on this limited submission. She submits, upon telephonic instructions from Mr. Deepak Arya, Assistant Registrar, W.P.(C) 7596/2023 and connected matter Page 2 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 16:08:32 JNU, that the petitioner's retiral benefits cannot be released at this stage, even partially, in view of the pendency of proceedings in another case to which she is a party, namely Manoj Pant and Ors. vs. Jawaharlal Nehru University [W.P.(C.) No. 2989/2010]. It is submitted that the said case also concerns the pensionary benefits of the petitioner and other faculty members of JNU, with regard to which JNU has sent a request for funds to the Ministry of Education, Government of India, and University Grants Commission.

8. Mr. Chimni, however, submits that the proceedings in Manoj Pant [Supra] concern the question of whether the petitioners therein were entitled to pension under the old General Provident Fund ["GPF"] Pension Scheme, or were liable to be covered by the CPF Scheme. It is contended that those proceedings culminated in orders in favour of the petitioners before this Court1. A Special Leave Petition against the judgment of the Division Bench of this Court, has also been dismissed by the Supreme Court2. He states that what is now pending before this Court is only contempt proceedings, to which also the petitioner herein is not a party. Mr. Chimni also submits that the petitioner's entitlement towards leave encashment and gratuity cannot, in any event, be withheld on account of any controversy with regard to the pension scheme under which she should be covered.

9. In any event, Mr. Chimni submits that the relief sought by the petitioner, at this stage, is for JNU itself to compute the petitioner's retiral dues, which it admits to be due, and remit the same to her after retaining a 1 Judgment of the learned Single Judge dated 18.02.2022 in Manoj Pant and Ors. vs. Jawaharlal Nehru University [W.P.(C) 2989/2010] and the Division Bench judgment dated 27.07.2022 in LPA 448/2022.

W.P.(C) 7596/2023 and connected matter Page 3 of 4

This is a digitally signed order.

10. It appears from the aforesaid submissions that the instructions which have been given to Ms. Kataria, even with regard to the pendency of proceedings to which the petitioner is a party, require to be verified. The respondent is directed to file an additional affidavit by 22.05.2025, with regard to the submission of the petitioner recorded in paragraph 9 hereinabove, and the aforesaid submissions made on its behalf. The relevant record will also be annexed to the affidavit.

11. List on 23.05.2025 in the category of "for admission".

W.P.(C) 7596/2023 and connected matter Page 4 of 4

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 16:08:32

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders