DUTA PRESS RELEASE: 26 April 2017

The recent MHRD letter dated 21 April 2017 directs the University of Delhi to file SLP in the Supreme Court against yet another section of employees, increasing manifold the number of employees whose cases will be withheld pending Court proceedings and judgements.  Earlier, the MHRD vide letter of 23 January 2017 had directed the University to file SLP against the teachers who had opted for CPF scheme as per  the option given vide OM dated 1.5.1987. The DUTA condemns these MHRD directions as they are an attack on pension as much as on the autonomy of the University and are in gross contempt of the verdict of the  Division Bench of the Hon’ble High Court.

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 (GPF) to a section of pre 1986 appointed teachers and non-teaching staff who were earlier left in the CPF scheme.  The relief was earned by hundreds of University employees after more than a decade of litigation involving huge legal expenses on either side.

The DUTA wants to highlight that the Government of India was in fact one of the parties to the earlier case. If the Government of India was so determined to oppose the decision of the Division Bench of the Delhi High Court, the straightforward procedure would have been for the Government, on its own, to file an appeal.  In this case it appears the Government of India wants to “avoid controversy” by getting the University of Delhi to do the job.

The MHRD letter of 23 January 2017 also states that the OM of Department of Pension of 1.5.987, which asked employees to exercise option by  30.9.1987, was specifically applicable to Central Government and not to employees of autonomous bodies like DU. This is contrary to the position taken by the UGC and Government of India before the Courts.

DU employees are deeply disappointed with the callous approach  of the MHRD in not complying with the judgment of the Hon’ble High Court in toto, and directing University to file SLPs against various sections of the employees several 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.

Moreover,  DU has not released pension even for those employees whom it had itself placed in pension(GPF)scheme through 12 options almost 20years ago.  Similarly placed employees who retired before 2014 were given pension,  but those who have retired subsequently have not received their pension even though they were not involved in the court case. The arbitrary denial of Pension to these employees as well as the delay in the implementation of the judgment has caused severe hardship to senior retired employees, many of whom are facing financial and health crisis.  The DUTA warns the MHRD against delaying justice to the employees through these tactics. The DUTA demands that the Judgement of Double Bench dated 24.8.2016 is implemented in toto without delay so as to bring relief to employees who have served the institutions for decades.