[Bhima Koregaon Case] Not Satisfied With The Explanation Given For Withholding Her Gratuity, Bombay HC Directs Nagpur University To Pay Rs.5 Lakh To Prof Shoma Sen [Read Order]

The Bombay High Court on Thursday directed Nagpur University to pay Rs.5 lakh to former Professor of English literature and Bhima Koregaon accused Professor Shoma Sen noting that prima facie the explanation given for withholding her gratuity and the contribution of employer under the General Provident Fund (GPF) is not satisfactory.

Division bench of Justice RK Deshpande and Justice NB Suryawanshi of the Nagpur bench were hearing a writ petition filed by Shoma Sen through her power of attorney holder Tushar Bhattacharya and lawyer Advocate Prakash Meghe.

Sen has been in jail since her arrest in 2018. She was head of the Post Graduate Department of English at Nagpur University and retired in July 2018. However, before her retirement, in June 2018, she was suspended by the University due to her arrest in the Bhima Koregaon case. Her retirement benefits were withheld. Following which she moved High Court.

At the outset, the bench observed-

"Prima facie we are not satisfied with the explanation furnished by respondents for withholding amount of gratuity and the contribution of the employer under the General Provident Fund (GPF). So far as the question of withholding of pension is concerned, the reliance is placed on Rules 126, 127 read with 130 of the Maharashtra Civil Services (Commutation of Pension) Rules and that matter will have to be examined.

We have heard this matter on two occasions waiting for the learned counsels appearing for the parties to assist the Court properly. We do not find any reference in the reply filed by the University to the denial of GPF and the gratuity to the petitioner. University accepts that the Payment of Gratuity Act is applicable to the petitioner and this is what is stated in the order, withholding the payment of gratuity, GPF and release of provisional pension, passed just a day before i.e. on 12.08.2020. We fail to understand as to how the respondent-University took such a long time of two years to pass an order after the superannuation of the petitioner on 31.07.2018. We fail to get any assistance from the University on the provision of law."

Thus, the matter was adjourned for two weeks and the University was directed to pay an amount of Rs.5 lakh to the petitioner within a period of one week. Court clarified that this shall be subject to further adjustment upon final adjudication. 

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