University of Pune plea against lower court's order dismissed, to pay interest for delay
PUNE: The district and sessions court here has dismissed the University of Pune's (UoP) appeal against the lower court's order that directed the UoP to pay interest, at the rate of 10%, to a retired deputy registrar for delaying his pension and gratuity dues.
The court of additional district and sessions judge Prachi P Kulkarni, while disposing of the appeal on January 2, also dismissed a cross-objection filed by former deputy registrar Madhav C Khanwelkar, contesting the claim amount worked out by the university.
In December 2011, the UoP had preferred a first appeal in the Bombay high court against the lower court's order and had deposited Rs 56,905 with the high court's registry for the interest payable to Khanwelkar towards the delayed post-retirement dues. The case was later transferred to the sessions court here on the issue of pecuniary jurisdiction.
"In my opinion, the appeal as well as the cross-objection carries no merit and is liable to be dismissed," judge Kulkarni stated in the 25-page order. The court also held that the August 30, 2011 order by the trial court of joint civil judge (senior division) P S Duthade was 'proper and needed no interference'. The court has allowed Khanwelkar to recover the Rs 56,095 deposited by the UoP with the Bombay high court.
Khanwelkar, who was deputy registrar (academic), retired from service on October 31, 2004. A year before his retirement, the then UoP vice-chancellor (VC) Ashok Kolaskar and registrar D D Deshmukh had passed orders reverting his posting from deputy registrar to that of an assistant registrar after Khanwelkar had proceeded on a leave preparatory to retirement without sanction from the concerned authorities.
Khanwelkar challenged this in the University and College Tribunal (UCT), which passed an order on June 20, 2005 quashing the university's move to revert him to assistant registrar's post. A subsequent review appeal by the UoP was also dismissed by the UCT. Later, the university moved the Bombay high court.
After Kolaskar's retirement in February 2006, the then acting VC Ratnakar Gaikwad got the case withdrawn from the high court on July 18, 2006 and Khanwelkar's pension and gratuity arrears were paid from the period thereafter.
Khanwelkar moved the civil court in July 2007, claiming Rs 2.25 lakh as interest, at the rate of 12%, on the pension and gratuity arrears for the period between May 2005 and October 2006 and another Rs 2 lakh as compensation for mental distress caused by the varsity officials.
Disposing of the same, joint civil judge Duthade had held that both, Kolaskar and Deshmukh, were jointly responsible for not sending Khanwelkar's pension papers in time to the government. The court held that Khanwelkar had partly proved the case for interest on delayed payment of pension arrears, which should be at the rate of 10% for the one year and five month period between May 2005 and October 2006.
The court, however, rejected Khanwelkar's claim for Rs 2 lakh compensation on the grounds that the two former officers cannot be said to be individually responsible for the delay as they were discharging their duties as statutory officers.
The UoP had challenged this order while Khanwelkar filed a cross-objection contesting the Rs 56,905 amount worked out by the university for payment of interest on delayed dues.
PUNE: The district and sessions court here has dismissed the University of Pune's (UoP) appeal against the lower court's order that directed the UoP to pay interest, at the rate of 10%, to a retired deputy registrar for delaying his pension and gratuity dues.
The court of additional district and sessions judge Prachi P Kulkarni, while disposing of the appeal on January 2, also dismissed a cross-objection filed by former deputy registrar Madhav C Khanwelkar, contesting the claim amount worked out by the university.
In December 2011, the UoP had preferred a first appeal in the Bombay high court against the lower court's order and had deposited Rs 56,905 with the high court's registry for the interest payable to Khanwelkar towards the delayed post-retirement dues. The case was later transferred to the sessions court here on the issue of pecuniary jurisdiction.
"In my opinion, the appeal as well as the cross-objection carries no merit and is liable to be dismissed," judge Kulkarni stated in the 25-page order. The court also held that the August 30, 2011 order by the trial court of joint civil judge (senior division) P S Duthade was 'proper and needed no interference'. The court has allowed Khanwelkar to recover the Rs 56,095 deposited by the UoP with the Bombay high court.
Khanwelkar, who was deputy registrar (academic), retired from service on October 31, 2004. A year before his retirement, the then UoP vice-chancellor (VC) Ashok Kolaskar and registrar D D Deshmukh had passed orders reverting his posting from deputy registrar to that of an assistant registrar after Khanwelkar had proceeded on a leave preparatory to retirement without sanction from the concerned authorities.
Khanwelkar challenged this in the University and College Tribunal (UCT), which passed an order on June 20, 2005 quashing the university's move to revert him to assistant registrar's post. A subsequent review appeal by the UoP was also dismissed by the UCT. Later, the university moved the Bombay high court.
After Kolaskar's retirement in February 2006, the then acting VC Ratnakar Gaikwad got the case withdrawn from the high court on July 18, 2006 and Khanwelkar's pension and gratuity arrears were paid from the period thereafter.
Khanwelkar moved the civil court in July 2007, claiming Rs 2.25 lakh as interest, at the rate of 12%, on the pension and gratuity arrears for the period between May 2005 and October 2006 and another Rs 2 lakh as compensation for mental distress caused by the varsity officials.
Disposing of the same, joint civil judge Duthade had held that both, Kolaskar and Deshmukh, were jointly responsible for not sending Khanwelkar's pension papers in time to the government. The court held that Khanwelkar had partly proved the case for interest on delayed payment of pension arrears, which should be at the rate of 10% for the one year and five month period between May 2005 and October 2006.
The court, however, rejected Khanwelkar's claim for Rs 2 lakh compensation on the grounds that the two former officers cannot be said to be individually responsible for the delay as they were discharging their duties as statutory officers.
The UoP had challenged this order while Khanwelkar filed a cross-objection contesting the Rs 56,905 amount worked out by the university for payment of interest on delayed dues.
No comments:
Post a Comment