Can't saddle grant-in-aid college with burden to pay retiral dues for fighting against delinquent lecturer: Supreme Court

New Delhi: The Supreme Court has said that the state cannot escape liability of paying the retiral dues of an employee and shift the burden on the grant-in-aid college merely because it continued to litigate over the punishment of dismissal meted out to a delinquent lecturer on charges found to be trivial subsequently.

A bench of Justices J K Maheshwari and Rajesh Bindal rejected the Gujarat government's contention the conduct of the appellant, Nutan Bharti Gram Vidyapith is to be seen before putting any liability with the State to pay retiral dues to the delinquent lecturer.

The state government submitted the appellate authority had on March 2, 2000 directed reinstatement of the lecturer, dismissed from service on June 6, 1994 upon inquiry on charges of misconduct. However, the college continued litigating, raising frivolous grounds, as a result of which, the State is now sought to be burdened with liability to pay pension to the lecturer, who had not actually worked for the requisite period and got superannuated too.

In its December 3 judgement, the bench, however, pointed out there were serious charges against the lecturer, which included inter alia instigation of students to go on strike, improper behaviour with the co-employees, attempt to pollute the atmosphere in the institution, violation of rules and regulations of the institution and involvement in the activities which may cause damage to the institution.

Following the inquiry, with a view to maintain discipline in the institution, it was found appropriate that the lecturer be dismissed from service. However, the appellate authority found the charges established to be trivial in nature and opined that those should have been sorted out. The authority also found that the punishment of dismissal is too harsh and the issues could have been resolved by way of discussion.

"The appellant (college), keeping in view the discipline in the institution, thought it appropriate to challenge the same. In such circumstances, it cannot be opined that its conduct was such that it should be burdened with the retiral benefits of delinquent employee. It is not the opinion of the appellate authority or any court that the action taken by the appellant against the lecturer was without jurisdiction," the bench said.

The court allowed an appeal filed by Nutan Bharti Gram Vidyapith against the Gujarat High Court's order which directed the college only to pay the retirement dues.

The bench also referred to 1990 resolution by the Gujarat government's education department on pension scheme for the teaching/ non-teaching staff in the Gram Vidyapeeth, to hold the state government would be liable to pay the retiral dues to the lecturer.

The conduct of the college cannot be termed as so fatal as to burden it with the retiral benefits whereas the scheme provides for otherwise, it said.

"There is no exception provided in the Scheme to enable the state to deny payment of retiral benefits to an employee of the grant-in-aid institution under certain circumstances and shift the burden on the institution," the bench said.