The Visva-Bharati Vs Dr. (Mrs.) Tanuka Das and Ors. — Calcutta HC (2025) — LawSathi Research

The Visva-Bharati Vs Dr. (Mrs.) Tanuka Das and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Unconditional stay of two weeks; conditional stay of the impugned order till disposal of the appeal upon the University depositing the entire amount with the learned Registrar General within two weeks, the deposit to be placed in an interest-bearing fixed deposit scheme in a nationalised bank yielding highest return; CAN 2 of 2023 disposed of accordingly; informal paper books to be filed within four weeks; service of notice of appeal dispensed with; appeal listed under 'Hearing' in the monthly list of December, 2023.

Issue for consideration

Whether operation of the impugned order (recalculation and release of the petitioner's salary, pension and retiral dues treating her promotion as Professor on the basis of the March 16, 2019 interview) should be stayed pending disposal of the University's appeal, and on what conditions.

Court's answer

Upon depositing the entire amount directed to be paid in terms of the judgment and order dated 12th September, 2022 within two weeks, the University is entitled to stay of operation of the impugned order till the disposal of the appeal; meanwhile there is an unconditional stay of two weeks.

Ratio / Principle

If the University deposits the entire amount with the learned Registrar General within the aforesaid period, the impugned order shall remain stayed till the disposal of the appeal and the Registrar General shall keep the deposit in a suitable interest bearing fixed deposit scheme in a nationalised bank yielding highest return, renewing it from time to time till disposal of the appeal.

Key takeaways

CAN 2 of 2023 is disposed of in the above terms.ratio¶24
CAN 1 of 2023 was wrongly listed; it had already been disposed of on 12th September, 2023, and the department is directed to ensure that it is not shown as pending.ratio¶26
The appellant is to file informal paper books out of court with proper index within four weeks from date, upon prior service to Mr. Tirthajit Roy Chowdhury (advocate on record for the petitioner) and Mr. Anil Kumar Gupta (advocate for the UGC).ratio

Detailed headnote1 paragraphs

Interlocutory Division Bench order in the University's appeal (MAT 1679 of 2022) against a direction to recalculate and pay the salary, pension and retiral dues of Dr. (Mrs.) Tanuka Das treating her as promoted to Professor on the basis of the interview held on March 16, 2019. The writ court's judgment and order dated 12th September, 2022 had been carried in a Special Leave Petition disposed of on 24th July, 2023 with liberty to revive the High Court appeal; the revival application was allowed by the coordinate bench. On the revived appeal, the Bench granted the University an unconditional stay of two weeks and, upon deposit of the entire directed amount with the learned Registrar General within two weeks, a stay of the impugned order till disposal of the appeal, the deposit to be kept in an interest-bearing fixed deposit in a nationalised bank yielding highest return. Service of notice on respondent no.1 and the UGC was dispensed with; informal paper books were directed to be filed within four weeks; the appeal was listed under 'Hearing' in the December 2023 monthly list. CAN 1 of 2023 was recorded as already disposed of on 12th September, 2023; CAN 2 of 2023 was disposed of accordingly.

34 19.9.2023

Ct-08

MAT 1679 of 2022 with I.A No. CAN 2 of 2023

The Visva-Bharati, Santiniketan Vs.

ar

Dr. (Mrs.) Tanuka Das & Ors.

Mr. Soumya Majumder

Mr. Victor Chatterjee

… For the Appellant

Mr. Pradip Kumar Roy

Mr. Joydeep Roy

Mr. Tirthajit Roy Chowdhury

… For the Respondent no. 1/ Writ Petitioner

Mr. Anil Kumar Gupta

… For the UGC

Re: CAN 2 of 2023

We have heard the learned counsel

appearing for the parties.

In the impugned order the University was directed to recalculate the salary, pension and other retiral dues of the petitioner treating her to be promoted as Professor on the basis of the interview held on March 16, 2019 and release the same together with arrears within two months from the date of communication of this order. This order was carried in a Special Leave Petition which was disposed of on 24^th July, 2023 by which liberty was given to the University to approach the appeal forum in the High Court itself by reviving the application already filed. The revival application was allowed by the

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coordinate bench.

The University upon depositing the entire amount directed to be paid in terms of the judgment and order dated 12^th September, 2022 within a period of two weeks from date shall be entitled to stay of operation of the impugned order till the disposal of the appeal. However, there shall be an unconditional stay of two weeks.

In the event the University deposits the entire amount with the learned Registrar General within the aforesaid period, the impugned order shall remain stayed till the disposal of the appeal and the learned Registrar General shall deposit the said amount in a suitable interest bearing fixed deposit scheme in any nationalised bank yielding highest return and shall renew the same from time to time till the disposal of the appeal.

CAN 2 of 2023 is accordingly disposed of.

Re: CAN 1 of 2023

This application is wrongly appearing in the list and the same has already been disposed of on 12^th September, 2023. The department is directed to ensure that this application is not shown as pending.

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Re: MAT 1679 of 2022

The appellant is directed to file informal paper books out of court with proper index within four weeks from date upon prior service to Mr. Tirthajit Roy Chowdhury, learned advocate on record for the petitioner and Mr. Anil Kumar Gupta, learned advocate for the UGC.

Since Mr. Tirthajit Roy Chowdhury, learned advocate on record for the petitioner and Mr. Anil Kumar Gupta, learned advocate for the UGC appear, service of notice of appeal upon the said respondents is dispensed with.

The appeal is ready as regards service.

The appeal shall appear under the heading

“Hearing” in the monthly list of December, 2023.

(Prasenjit Biswas, J.) (Soumen Sen, J.)

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