Page No.# 1/4 GAHC010223502024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3991/2024 THE REGISTRAR ASSAM AGRICULTURAL UNIVERSITY AND 2 ORS JORHAT, ASSAM 785013 2: THE VICE CHANCELLOR ASSAM AGRICULTURE UNIVERSITY JORHAT ASSAM 785013 3: THE DIRECTOR OF EXTENSION EDUCATION ASSAM AGRICULTURE UNIVERSITY JORHAT ASSAM 78501 VERSUS ANUREKHA BARUAH AND 2 ORS W/O LATE DR. HIRANYA KUMAR BARUAH, RESIDENT OF FLAT NO. D104, B.D ENCLAVE KHONAMUKH, GUWAHATI , DIST KAMRUP M ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF AGRICULTURE DISPUR GUWAHATI ASSAM 781006 3:THE DIRECTOR GENERAL INDIAN COUNCIL OF AGRICULTURAL RESEARC (ICAR) KRISHI BHAWAN NEW DELHI 11001 Page No.# 2/4 For the applicants : Mr. D. Gogoi, Advocate For the respondents : Mr. S.M. Sarma, Advocate For respondent No.1 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 23-04-2025 (Vijay Bishnoi, C.J.) The matter comes up for consideration of IA(Civil) No.3991/2024 filed under Section 5 of the Limitation Act, 1963 with the prayer for condonation of delay of 67 days in filing the connected writ appeal. Since the matter involves a short controversy, with the consent of the learned Advocates appearing for the parties, we have decided to hear the connected writ appeal finally on merits. The respondent No.1 herein approached the Writ Court by way of filing writ petition, being, WP(C) 6836/2023 with the prayer to issue a direction to the applicant/appellant University to release the terminal benefits standing in the name of her late husband, as her repeated approach to the University authority for releasing the terminal benefits had not been given any heed by the University authority. The learned Single Judge after taking into consideration the pleadings as well as the material available on record has rejected the contention of the applicants/appellants that they are not entitled to release the terminal benefits to the respondent No.1 herein standing in the name of her late husband. The learned Single Judge has refused to accept the stand of the Page No.# 3/4 applicants/appellants while making the following observations in paragraphs 4, 5, 6 and 7 of the impugned order: “4. On the perusal of the materials on record, it appears from the order of appointment dated 31.10.2008 that as per the terms and conditions of the appointment order, 11 persons were appointed under the said order would be governed by the new CPF Rules, as per clause-6 thereof. It is further provided that they shall be on probation for a period of 1 year as per clause-16 under Group ‘A’ of the AAU Service Rules, 1990 and also be governed by other terms and conditions of the service rules. Under clause-9 thereof it is provided that the appointees shall be eligible for regularization of services under the existing scale of pay for Rs. 8000-275-13500/-pm (UGC) plus other allowances as admissible with effect from the date of qualifying the NET and their services shall be counted for promotion from the date of regular appointment to the post. 5. By a subsequent order dated 13.02.2014, issued by the Registrar, Assam Agricultural University, the service of the petitioner along with others were regularized. Therefore, under the terms and conditions of the appointment order No.2.1(14)A-RG/2008-09/10787-10789 dated 31.10.2008, the husband of the petitioner is found to have become entitled to the CPF and the service benefits after having been regularized by the Memo No. 2.1(14)/2011/RG/2013- 14/12961-973 dated 13.02.2014. The Court has examined the “Service Regulations for KVK Functionaries under AAU published in the year 2021,” (Annexure-5 to the writ petition). The learned standing counsel for the respondent Nos.2 to 4 could not point out any regulations made therein under which the payment of terminal benefit and other of a deceased employee was to be borne by ICAR. It also could not be shown that in terms of the Memorandum of Understanding dated 29.11.2013 between the Assam Agricultural University and the ICAR, the ICAR took the responsibility of the deceased employee while serving under KVK Scheme. 6. Accordingly, the Court does not find any merit in the stand taken by the respondent No.4 that from the affidavit-in-opposition filed by the respondent No.4 that the statement made in the paragraph-10 thereof is that for additional Page No.# 4/4 requirement of funds for post-retirement and death benefits of KVK employees, and the Assam Agricultural University would be depended on Government of Assam and that the Assam Agricultural University has already moved the Director of the Assam Agricultural Department, Government of Assam for sanctioning additional fund. 7. In view of the above, the Court is of the considered opinion that the writ petition deserves to be allowed by directing the respondent No.4 i.e. the Registrar, Assam Agricultural University to ensure that the CPF of the pension and other terminal benefits including Provident fund, Gratuity, Leave Encashment, NPS updation scheme, monthly salary, if any, bonus, if any due, and other consolidated benefits shall be calculated and released to the petitioner within a outer period of 3 (three) months.” Learned counsel appearing for the applicant, Registrar of Assam Agricultural University has failed to point out any error in the impugned order dated 17.07.2024 passed by the learned Single Judge in WP(C) 6836/2023. Hence, we do not find any merit in this case. Accordingly, this interlocutory application is dismissed. Registry is directed to register the connected writ appeal immediately and treat the same as dismissed. However, the applicants are at liberty to avail the appropriate remedy available to them under the law. JUDGE CHIEF JUSTICE Comparing Assistant