HASA, the sword of Damocles for NEHU VCs

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By Our reporter

 SHILLONG: North Eastern Hill University (NEHU) which figured in the top 50 universities in the last two surveys of India Today does not find a place in this year’s list. Is this a sign that matters are getting out of hand? Has the impasse created by the Hill Area Special Allowance (HASA) struggle affected employees’ commitment and discipline? Is it time for other stakeholders (state governments, students, community) to get themselves involved and help sort out this issue once and for all?

The HASA is an allowance that NEHU employees enjoy as part of their salary by virtue of a university ordinance (OE3), approved by the President of India. NEHU employees are paid an allowance of 12 per cent of the basic pay. The ordinance further states that this allowance is to be paid in addition to the pay in the respective scales and such other allowances as may be sanctioned by the University Grants Commission (UGC) from time to time.

The Ministry for Human Resources Development (MHRD) has been writing to the University to revoke the payment of HASA as NEHU employees are already paid special duty allowance of 12.5 per cent of the basic pay which is paid to all central employees as part of the salary under the Sixth Pay Commission.

In 2009, the Executive Council (EC) of NEHU under the Chairmanship of the then VC, Prof. P. Tandon, had taken a decision to stop payment of HASA in response to directive from the MHRD. This action of the EC, which many felt was being made under pressure of the Chairman, was deeply resented by the employees as Prof. Tandon was seen to be toeing the MHRD line, ignoring his basic duty which is to uphold and implement statutes, ordinances and regulations of the University. Further, the decision of EC was in direct contravention of its mandate which clearly states that the EC cannot take any decision in respect of qualification and emoluments of teachers and academic staff without the recommendations of the Academic Council (AC) of the University.

NEHU employees under the banner of JAC put up a very stiff resistance and led a successful movement which forced the EC to revoke its decision to stop HASA. The matter was then placed in the 83rd Academic Council (a body comprising of all professors of university) in May, 2010 which resolved to maintain existing statutes and ordinances regarding financial and other service conditions of teachers.

Prof. Tandon had to pay very dearly for his action as he faced a personal boycott and ultimately had to appear before the General Assembly of the employees and apologise for his action.

The incumbent VC Prof AN Rai now faces the same situation faced by his immediate predecessor. There is renewed pressure from MHRD to stop payment of HASA and recover amounts already paid since implementation of the latest pay commission. The Ministry has also directed UGC to

withhold grants of Rs 11 crore until the University complies with the directive.

Rai is keenly aware that any attempt to stop HASA will lead to upheaval in the University but he also cannot afford to ignore the direction and threat of the Ministry. He had therefore proposed to discuss the issue in the Academic Council scheduled for May 30, last only the matter relating to threat of withholding of funds by the MHRD and strategy to meet such an eventuality.

But NEHU employees under a belligerent JAC are in no mood to entertain any agenda even remotely connected to HASA in the Academic Council, hence the latest round of confrontation resulting in the VC postponing the AC.

The JAC stance is that the MHRD directive is illegal and hence there is no need for the University to seek intervention of President and MHRD minister.

NEHU sources say while the employees are correct in their stance that NEHU is not doing anything illegal in paying HASA as long as it is part of NEHU ordinance but their position that HASA is an inalienable right of the employees is going a bit far.

The sources say MHRD is unrealistic in expecting that NEHU AC would agree for any change in NEHU ordinance relating to HASA as the Council comprises of teachers who have a vested interest in continuing with HASA. Only the President of India can suspend/revoke the ordinance relating to HASA.

The HASA issue is draining the time and energy of the University and affecting the academic atmosphere. The postponement of the AC also means that decisions on important academic issues will now be delayed till the convening of the next Academic Council.

Impartial sources feel that arbitration or adjudication on this matter is the only way out of the HASA impasse.

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