DUTA Letter to VC, 06.02.2017
The Vice Chancellor, 6.2.2017
University of Delhi,
Delhi-110007
Sub: Judgment of Hon’ble Division Bench of Delhi High Court dated 24.08.2016 regarding grant of Pension and MHRD letter dated 23.01.2017
Dear Prof. Tyagi,
You are aware that the Hon’ble Division Bench of Delhi High Court has, vide its order dated 24.08.2016, dismissed all appeals of Delhi University and granted pension benefit to employees falling in any of the categories made by the Single Bench of the Hon’ble Court. This relief was earned by hundreds of University employees after more than a decade of litigation involving huge legal expenses on either side.
We have been fighting for justice and release of pension to employees but, even after such a convincing and well reasoned judgment, the University has not complied with the orders of the Hon’ble Court.
We understand that MHRD has, vide para (i) in letter dated 23.01.2017, directed the University to “allow GPF/Pension of Government in respect of those employees who were in service as on 01.01.1986, unless they have specifically and in writing chosen the option to stay with CPF……”.
The option mentioned above is the option given vide OM dated 1.5.1987 to employees who were in service prior to 1.1.1986 as referred to in the same letter in para (iii) as under
“In case any other employee who was not in service as on 01.01.1986 and joined thereafter, the question of application of order of Department of Pension dated 01.05.1987 will not arise.”
In respect of employees not covered as above, the Ministry has advised the University vide para(ii) to “file an appeal against the order of Hon’ble Delhi High Court” .
In response to above, we have to state that we are deeply disappointed with this callous approach of the MHRD in not complying with the judgment of the Hon’ble High Court in toto, and talking about an “appeal” against a section of the employees more than five months after the judgment was delivered by the Hon’ble Division Bench on 23.8.2016. It also goes against the stated policy enunciated by the Hon’ble Prime Minister that Government should not appeal against retired employees who had won their case for grant of pension, thereby pushing them into prolonged litigation.
Sir, the University of Delhi was established under an Act of Parliament and as such the Government and the University are expected to act as a ‘model employer’ showing empathy towards its employees in a welfare state that India is. Unfortunately, in this case the University administration under the previous Vice Chancellor chose to act in an arbitrary and discriminatory manner to the detriment of hundreds of its senior employees who have dedicated the best part of their lives in the service of nation. The University, being a law-abiding entity, must not become party to the undermining of the Majesty of Law, by not implementing the judgment of the Hon’ble Court, delivered after giving a hearing to all parties over several years, and in consonance with previous judgments of the Hon’ble Supreme Court as well as the Fundamental Rights of employees under section 14 of the Constitution of India. The University, being the main appellant whose appeal was dismissed by the Hon’ble Court, is duty-bound to implement the judgment in its totality without any further delay. It must persuade the MHRD/UGC to sanction the modest funds required for all sections of employees who had won their case, and not embark on a path that amounts to gross contempt of the Hon’ble High Court.
Meanwhile, the University must mitigate the hardship being undergone by hundreds of senior employees of the University by taking the following steps-
1. Continue to release pension benefits to all those 2469 employees who were allowed to shift to GPF by the University after 30.09.1987, irrespective of the option given by them before 30.9.1987. The MHRD’s direction to file “appeal” in some cases vide its letter of 23.1.2017 does not affect them since they were not litigants in the case under question. Even though these employees were not involved in the court case, the University arbitrarily stopped releasing the pension of those who retired after July 2014 on the false grounds of their cases being “subjudice”. These have been the worst affected employees as their CPF accounts had been closed for more than 18 years, and they had planned their future accordingly, being totally dependent on their pension for survival. Moreover, similarly placed employees who retired before July 2014 have been receiving their pension. Surely, the University cannot be allowed to discriminate between two sets of identically placed employees, based simply on their date of retirement! You would recollect that the DUTA Pension Committee had brought this fact to your notice in March 2016, and you had concurred that the pension of these employees was not affected by the court case and should never have been stopped.
2. Start processing the transfer from CPF to GPF of all employees who have been awarded an unambiguous right to pension by the Hon’ble High Court beginning with those cleared by the MHRD letter of 23.1.2017, and those who retired earliest. A due-drawn statement may be prepared and pension released immediately using the funds available.
An emergent meeting of the Executive Council should be convened for this purpose at the earliest and special staff may be deputed to process their cases expeditiously.
Sir, the pension issue is one in which justice delayed is indeed justice denied. Several senior employees have lost their lives while waiting for the release of their pension. The continued denial of pension leading to severe financial hardship has impacted our elders’ health adversely, that may have led to early loss of lives. Urgent measures are required to prevent further devastation and tragedy. You, as the head of our family, can play a decisive role to secure justice to our most vulnerable and revered section, our senior citizens, who deserve maximum care and consideration in this period of their lives.
We appeal to you to ensure that our senior members secure their hard-won rights at the earliest so that they may be able to spend the evening of their lives with a sense of security, comfort and dignity. It is the least we can do for those who have served the University and the nation all their lives. It is their blessings, after all, that may help us to survive difficult times.
With regards,
Nandita Narain (DUTA President)
Sandeep (DUTA Secretary)
High Court judgment regarding grant of Pension, 24.08.2016
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