HC raps univ, govt for denying 70-yr-old prof retirement benefits

Bengaluru: Coming to the rescue of a 70-year-old retired professor of a college affiliated with Rani Chennamma University, Belagavi, the high court recently directed the authorities to release complete death-cum-retirement benefits, encashment of privilege leave and arrears of pension as claimed, with interest at 6% per annum from Jan 11, 2022, when he approached the court, till the date of payment.
"In the event, the payment as ordered is not paid, the petitioner becomes entitled to interest at 9% per annum from the date of retirement — Aug 31, 2015... He shall also be paid Rs 1,000 for every day's delay until the terminal benefits reach the doors of the petitioner after expiry of four weeks," Justice M Nagaprasanna observed in his order, while allowing the petition filed by MA Dhavaleshwar.
A resident of Belagavi, Dhavaleshwar was appointed professor in Sangolli Rayanna First Grade College, an aided institution, on July 26, 1982. On Aug 31, 2015, he retired from service but wasn't paid terminal benefits. The govt asked the university to pay the benefits out of varsity funds. However, the university told the govt that paying pension and other benefits to Dhavaleshwar would lead to audit objections.
Dhavaleshwar approached the high court in 2020. Fearing contempt proceedings, only a partial amount was released. He again approached the court, seeking the grant of all terminal benefits — over Rs 30 lakh — with interest at 18% per annum.
Justice Nagaprasanna noted that the petitioner's pensionary benefits and arrears are Rs 12,72,097, death-cum-retirement benefit Rs 11,08,107, and privilege leave encashment Rs 6,71,580.
"It is un-understandable as to why the petitioner, despite working for 34 years, has not been paid complete pension as also leave encashment and gratuity amounts. The state wants to play with the life of the petitioner. The petitioner is now 70 years old, having retired 10 years ago, and has been fighting for the grant of his terminal benefits for close to 6 years...," the judge added.
"The objections are absolutely vague, contending that the petitioner renders his services to the university and therefore, the university has to settle terminal benefits," the judge said, adding that in the indecisive communication between the govt and university, the sufferer is not the person who wants to obfuscate the issue but "the poor teacher", who is being made to run from pillar to post to get his terminal benefits.
"What is projected by the university for not paying pension is the likelihood of audit objection. This, by no stretch of imagination, can be a reason to dodge a teacher for 10 years," Justice Nagaprasanna observed, while directing both the govt and university to settle the due amount within four weeks and submit a compliance report to the court.