Relieve staffer so that he may take up new job: Allahabad HC to BHU - Hindustan Times
close_game
close_game

Relieve staffer so that he may take up new job: Allahabad HC to BHU

ByJItendra Sarin, Prayagraj
Jun 08, 2024 05:16 AM IST

Allahabad high court orders BHU to release employee for AIIMS, Patna job, subject to clearing dues by June 25, 2024, criticizing university's delaying tactics.

Expressing concern over dilly-dallying attitude of Banaras Hindu University (BHU) authorities, the Allahabad high court has directed the university’s administration to forthwith relieve its employee/petitioner Nitin Kumar so that he shall be free to join AIIMS, Patna.

The HC passed the order in a petition filed by Nitin Kumar who is working as a nursing officer in Sir Sunderlal Hospital, BHU. (For Representation)
The HC passed the order in a petition filed by Nitin Kumar who is working as a nursing officer in Sir Sunderlal Hospital, BHU. (For Representation)

However, the court made it clear that this order will be subject to the condition that the petitioner submits his objections, if any, to the demand that the BHU makes on or before June 25, 2024. Justice JJ Munir passed the order on June 6, 2024, in a petition filed by Nitin Kumar who is working as a nursing officer in Sir Sunderlal Hospital, BHU.

Kumar was selected for AIIMS, Patna, and was asked to join it by June 15, 2024. Thereafter, he moved an application before the BHU authorities to relieve him from service so that he may take up his new job. When no order to relieve him was passed, he filed the present writ petition before the high court.

Subsequently, acting on an order passed by the high court, the counsel for BHU, Hem Pratap Singh produced an order dated June 3, 2024 passed by the section officer in the office of BHU registrar that said the resignation of the petitioner from the said post had been accepted from the date of relieving subject to realisation of university’s dues, if any, against him.

The grievance of the petitioner is that the BHU authorities are not relieving him, despite the order dated June 3, 2024 passed in purported compliance with the court order dated May 30, 2024.

Justice JJ Munir took a serious note of it and termed the BHU as a wrongdoer, observing, “It appears that the respondent-BHU is bent upon flouting by resorting to subterfuge and sharp tactics. On one hand, to make a show of compliance, they have passed the order dated June 3, 2024, saying that the petitioner’s resignation from the post of a Nursing Officer in Sir Sunderlal Hospital, BHU has been accepted from the date of relieving, but have added a condition to it that it would be “subject to realization of University dues outstanding, if any, against you.”

During the course of hearing, the counsel for the BHU placed before this court a copy of a office memo dated June 5, 2024 signed by the deputy registrar and CAO, Sir Sunderlal Hospital, BHU, which shows a sum of 5,51,434 as the total outstanding dues to be paid by the petitioner.

The petitioner said he has to join his new employment at AIIMS by June 15, 2024 and any further delay would make him lose his job. The court took a serious note of it, saying that the last minute surprise that the respondent (university) has sprung for the petitioner to clear outstanding dues of 5,51,434 may well hinder his relieving from the BHU and may also affect his chances of joining AIIMS, Patna.

“To this court, it appears that this is precisely what the respondent-BHU want and that is why they have come up with this claim at this juncture. This Court does not appreciate this conduct of the respondent-BHU at all, for, during the earlier hearings, this stand was never taken. Earlier, the BHU was not prepared to accept the petitioner’s resignation and they have accepted it pursuant to our orders dated May 30, 2024, but in a clever maneuver attempted to defeat it by springing up this demand, which a man of modest means may not be able to meet all of a sudden”, the court observed.

SHARE THIS ARTICLE ON
Share this article
SHARE
Story Saved
Live Score
OPEN APP
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Tuesday, July 16, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On