Prakash Javadekar, 20.03.2017
Minister, HRD,
Bhavan,
of Hon’ble division Bench of Delhi High Court dated 24.08.2016 regarding grant
of Pension and MHRD letter dated 23.01.2017
Shri Javadekar,
seek your kind intervention in the matter of grave injustice being perpetrated
on our senior teachers and non-teaching employees in the matter of grant of
pension.
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.
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.
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……”.
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).
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” .
response to above, we have to state that we are deeply disappointed with
this 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
24.8.2016. 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. The MHRD/UGC must sanction the modest funds required for all
sections of employees who had won their case, and not compel the University to
embark on a path that amounts to gross contempt of the Hon’ble High Court.
Meanwhile, we have appealed to the University
to immediately 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!
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.
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.
As Hon’ble Minister for HRD, you 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. It is the
least we can do for those who have served the University and the nation all
their lives.
We urge you to
reconsider the earlier direction of filing an appeal against a section of the
beneficiaries, and permit the University to implement the judgment of the
Division of the Hon’ble High Court in totality.
Please give us an appointment at the earliest to
discuss the above issue in person.
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