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DUTA PRESS RELEASE: 30 January 2017

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DUTA PRESS RELEASE on MHRD Letter on Pension: 30 January 2017

The DUTA expresses its deep sense of disappointment and anger over the recent letter dated 23rd January 2017 sent by the Ministry of Human Resource Development to the University of Delhi.


It may be recalled that no less a person than the Honourable Prime Minister of India had announced in July 2015 that the Government of India had taken a decision not to go to in appeal in cases where lower courts had pronounced judgements in favour of employees. Now, in blatant violation of that assurance, the Ministry of HRD has instructed the Delhi University to file an appeal in the Supreme Court against the pro-employee decision (dated 24th August 2016) of the Division Bench of the Delhi High Court. It is also pertinent 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 University of Delhi is a statutorily constituted body. There is no provision in the Acts and Statutes of the University of Delhi empowering the Ministry of HRD to issue orders on such matters. If at all there is to be formal interaction, it is to take place through the UGC or through the Visitor (President of India). As such the DUTA believes that the latest directive from the Ministry of HRD is bad in law, apart from being a betrayal of the assurance given by the Prime Minister to long suffering employees.


The DUTA demands:


1.      That the VC proceed to the quick implementation in toto of the 24th August 2016 judgement of the Division Bench of the Delhi High Court.


2.      That the VC, University of Delhi should ask the Ministry of HRD to reconsider its direction given for appeal against a section of employees in its letter of 23rd January 2017.


3.      That the MHRD issues a fresh letter affirming that the aforesaid DB judgement be implemented for all beneficiaries without any further delay.


Meanwhile, the files of cases that have been cleared must be processed expeditiously to ensure urgent relief for long-suffering retired employees and pension of those retired employees who had been placed in GPF by the University itself must be released immediately.


Also see the following letters dated 16.12. 2016 from DU to MHRD and MHRD letter dated 23.1.2017 for in depth story on the issue:




                                                  
NANDITA NARAIN
President, DUTA
SANDEEP
Secretary, DUTA

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