‘Why invite a problem that does not exist?’: High Court asks JNU on holding professor’s VRS

Petitioner Happymon Jacob, represented by advocates Abhik Chimni and Pranjal Abrol, joined as an assistant professor in the department of Strategic and Regional Studies at University of Jammu in 2004.Seeking Jawaharlal Nehru University (JNU)’s response to a plea by its scholar and professor whose request for a voluntary retirement scheme (VRS) has been kept on hold owing to “unauthorised foreign trips”, the Delhi High Court on Monday asked why it is “inviting a problem that does not exist”.Justice Prateek Jalan, on Monday, while seeking a response from JNU by issuing them notice, addressed the JNU’s counsel, orally remarking, “Why are you inviting a problem that does not exist…?…See you’ve two choices — either you condone this infraction and accept resignation, or you initiate disciplinary proceedings (for the said infraction)…”The oral remark by Justice Jalan came after it was highlighted that while the professor’s request for voluntary retirement has been kept in abeyance on grounds of his participation at an international conference in Malaysia, he is neither being assigned any duty nor receiving any remuneration since June 28.Petitioner Happymon Jacob, represented by advocates Abhik Chimni and Pranjal Abrol, joined as an assistant professor in the department of Strategic and Regional Studies at University of Jammu in 2004. In December 2008, he was appointed to the post of assistant professor in the Centre for International Politics, Organization and Disarmament (CIPOD) of the School of International Studies (SIS), JNU. He applied for a VRS in March this year after completing 20 years of service. The VRS would have taken effect from June 28 as per the Central Civil Services (Pension) Rules, 2021. While Jacob’s VRS application was approved in an office order on June 18, four days prior to Jacob’s retirement, JNU, in an email on June 24 informed that his retirement request was being kept in abeyance on account of “unauthorised foreign trips”. The communication was sent after Jacob travelled to Kuala Lumpur for the 38th Asia-Pacific Roundtable from June 17-19. On July 14, Jacob, in a written communication to the dean of SIS, had stated that the said foreign trip was taken during vacations and that he had faced technical issues while applying for leave online. In the communication, he had further requested that the trip be condoned and the hold on his resignation be withdrawn.Meanwhile, Jacob, through his counsel Chimni, terming the university’s action as “malafide”, told the court, “Assuming they have statutory right to take cognisance (of the said infraction), they still can’t withhold my VRS…So they’re using this only so that I can’t be allowed my other academic pursuits…I’ve got a job somewhere else.”Chimni further pointed out that as per CCS Pension Rules, VRS may only be withheld if the applicant is under suspension, or a chargesheet has been issued against them and an inquiry is pending, or if judicial proceedings for grave misconduct are pending.Directing the university to obtain instructions, Justice Jalan has posted the matter for further consideration on September 1.

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