Letter to HRD Ministry on CPF-GPF, 20.03.2017

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.