HC directed JNU to release Assistant Professor's withheld retiral benefits

New Delhi [India], December 8 : The Delhi High Court has directed Jawaharlal Nehru University (JNU) to release, within a period of four weeks, the pensionary benefits of an Assistant Professor in the School of Historical Studies, whose retiral benefits were kept on hold for allegedly participating in a strike.
A single-judge bench of Justice Jyoti Singh said it is needless to state that this would be without prejudice to the rights of the respondent to take action in accordance with law against Assistant Professor Kunal Chakrabarti, if so warranted.
"Consequently, in the light of the observations of the Supreme Court in the judgments referred to above and the provisions of Rule 9 of the CCS Pension Rules, I hereby direct the Respondent to release the pensionary benefits of the Petitioner, within a period of four weeks from today including the arrears with effect from May 31, 2019. The petitioner shall also be entitled to interest at 9 per cent per annum on the arrears of pension," the order passed last week read.
The High Court was hearing a petition filed by Kunal Chakrabarti, an Assistant Professor in the School of Historical Studies at the Jawaharlal Nehru University. He was working with JNU since April 19, 1979.
The petitioner's counsel Abhik Chimni submitted that after a service of almost 40 years, closer to his retirement, a show-cause notice was issued to the petitioner on September 20, 2018, by the JNU seeking an explanation as to why action should not be taken against him for actively participating in the strike on July 31, 2018, along with certain other faculty members, thereby violating instructions and Rules of the Academic Rules and Regulations of the University.
The petitioner had retired on superannuation on May 31, 2019. It was submitted in the petition that the petitioner has completed all the necessary formalities and submitted the necessary documents for processing his retiral benefits by June 11, 2019.
Chakrabarti had on August 29, 2019, written to the varsity for releasing his retiral benefits. On the same day, he received a response from the JNU intimating that his retiral benefits had been kept on hold till the chargesheet is finalised.
Advocates Pradeep Kumar Arya and Ashwyn Kalra, representing JNU, had submitted that the petitioner while in service participated in a one-day strike in the campus on July 31, 2018, which was considered as illegal by the University Administration.
"It is an admitted position between the parties that till date no chargesheet has been issued against the Petitioner and thus no proceedings are pending against the Petitioner under Rule 9 of the CCS (Pension) Rules, 1972," the bench said.