Pension Relief to Retired employees of Delhi University and Immediate Withdrawal of SLP filed by DU
31.12.2018
Shri Prakash Javadekar,
Hon'ble Minister, MHRD,
Shastri Bhavan,
New Delhi-110001
Sub: Pension Relief to Retired employees of Delhi University and Immediate Withdrawal of SLP filed by DU
Dear Shri Javadekar,
Greetings for the New Year!
This is a request for your urgent intervention and action in a matter of grave importance to hundreds of retired teachers and employees of Delhi University, who are not receiving their pensions long due to them. These retired employees are now in the age group 65-75 years . Sadly , a few of our retired employees are no longer with us and some others are battling serious illness.
The above-mentioned teachers and employees fall broadly in two categories : a) those who have been granted pension and GPF numbers by the University itself and yet are being denied pension; b) those who have been granted pension and placed in the pension scheme by the DB of the Delhi High Court vide its judgement in the matter on August 16 , 2016 . But unfortunately this category of teachers and karamcharies have also been denied pension so far , owing to the University filing SLPs in the Supreme Court against the well reasoned judgement cited above .
1. Regarding those who are already GPF holders, the matter is not subjudice, and therefore can be resolved with immediate effect, through executive action on the part of MHRD and UGC. According to figures provided by the University, 2469 employees were placed in the pension scheme(GPF) more than twenty years ago . Their CPF accounts had been closed and they were allotted GPF numbers at that time. Most of them, upon retirement, received and are still receiving their pension through UGC grant. However, in 2014, the University decided to withhold pensions to the remaining of these 2469 employees who were yet to retire, through a resolution of the Executive Council No. 2C-8 Clause 3(1) dated 14.8.2014. This decision was not occasioned by an order from any court or executive authority, and constituted a breach of trust since these employees had been placed in the pension scheme(GPF) by the University itself. As a result, we now have a strange situation in which, of 2469 identically placed employees, those who retired before June 2014 continue to draw pensions, and only those who retired since June 2014 are being denied pension. This violates both the basic Principle of Estoppel as well as the Right to Equality guaranteed under Article 14.
We request you in your capacity as Hon'ble Minister of MHRD to ensure immediate release of pension for these remaining employees in this group. They have planned their post-retirement life on the basis of the pension promised to them and cannot be expected to find alternative means of livelihood in their old age for no fault of theirs.
2. Regarding the remaining employees, several approached the courts for relief, and, after a protracted ten-year long legal battle, won their right to pension by order of the Hon'ble Division Bench of the Delhi High Court in August 2016. However, instead of implementing the order, Delhi University, on the instruction of MHRD, filed an SLP against the order of the Hon'ble DB in the case of litigants in two of the three categories. For one reason or another, no hearing has taken place so far, leading to prolonged hardship for the employees.
In their matter, we urge you to ensure that Delhi University withdraws the SLP challenging the order of the Hon'ble Division Bench that had granted the right to pension to employees of all categories who were appointed before 1.1.1986. This would be in keeping with the spirit of the Hon'ble Prime Minister's statement that no appeal should be filed against pensionary relief given to retired employees by a court, and that government must change from a litigant to a caring and nursing government. An obvious externality would be that of unclogging a hugely clogged judicial system.
3. Among both sections are employees granted GPF by the University in an in between period when there was no clarity in the University administration regarding shift from CPF to GPF. The University has granted them GPF sometime in 1999 and has not stood by them, while the employees have been secure in the belief that they were GPF holders, which indeed they have been. This section of employees has therefore not gone to Court. We urge you to intervene in their case to ensure the University stands by its commitment to them, and to consider their case at par with the 2469 employees.
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. 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 for the better part of their lives.
We urge you to take an early decision to give relief to our retired employees, so that the new year may truly turn out to be a happy one for them.
With regards,
Sub: Pension Relief to Retired employees of Delhi University and Immediate Withdrawal of SLP filed by DU
Dear Shri Javadekar,
Greetings for the New Year!
This is a request for your urgent intervention and action in a matter of grave importance to hundreds of retired teachers and employees of Delhi University, who are not receiving their pensions long due to them. These retired employees are now in the age group 65-75 years . Sadly , a few of our retired employees are no longer with us and some others are battling serious illness.
The above-mentioned teachers and employees fall broadly in two categories : a) those who have been granted pension and GPF numbers by the University itself and yet are being denied pension; b) those who have been granted pension and placed in the pension scheme by the DB of the Delhi High Court vide its judgement in the matter on August 16 , 2016 . But unfortunately this category of teachers and karamcharies have also been denied pension so far , owing to the University filing SLPs in the Supreme Court against the well reasoned judgement cited above .
1. Regarding those who are already GPF holders, the matter is not subjudice, and therefore can be resolved with immediate effect, through executive action on the part of MHRD and UGC. According to figures provided by the University, 2469 employees were placed in the pension scheme(GPF) more than twenty years ago . Their CPF accounts had been closed and they were allotted GPF numbers at that time. Most of them, upon retirement, received and are still receiving their pension through UGC grant. However, in 2014, the University decided to withhold pensions to the remaining of these 2469 employees who were yet to retire, through a resolution of the Executive Council No. 2C-8 Clause 3(1) dated 14.8.2014. This decision was not occasioned by an order from any court or executive authority, and constituted a breach of trust since these employees had been placed in the pension scheme(GPF) by the University itself. As a result, we now have a strange situation in which, of 2469 identically placed employees, those who retired before June 2014 continue to draw pensions, and only those who retired since June 2014 are being denied pension. This violates both the basic Principle of Estoppel as well as the Right to Equality guaranteed under Article 14.
We request you in your capacity as Hon'ble Minister of MHRD to ensure immediate release of pension for these remaining employees in this group. They have planned their post-retirement life on the basis of the pension promised to them and cannot be expected to find alternative means of livelihood in their old age for no fault of theirs.
2. Regarding the remaining employees, several approached the courts for relief, and, after a protracted ten-year long legal battle, won their right to pension by order of the Hon'ble Division Bench of the Delhi High Court in August 2016. However, instead of implementing the order, Delhi University, on the instruction of MHRD, filed an SLP against the order of the Hon'ble DB in the case of litigants in two of the three categories. For one reason or another, no hearing has taken place so far, leading to prolonged hardship for the employees.
In their matter, we urge you to ensure that Delhi University withdraws the SLP challenging the order of the Hon'ble Division Bench that had granted the right to pension to employees of all categories who were appointed before 1.1.1986. This would be in keeping with the spirit of the Hon'ble Prime Minister's statement that no appeal should be filed against pensionary relief given to retired employees by a court, and that government must change from a litigant to a caring and nursing government. An obvious externality would be that of unclogging a hugely clogged judicial system.
3. Among both sections are employees granted GPF by the University in an in between period when there was no clarity in the University administration regarding shift from CPF to GPF. The University has granted them GPF sometime in 1999 and has not stood by them, while the employees have been secure in the belief that they were GPF holders, which indeed they have been. This section of employees has therefore not gone to Court. We urge you to intervene in their case to ensure the University stands by its commitment to them, and to consider their case at par with the 2469 employees.
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. 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 for the better part of their lives.
We urge you to take an early decision to give relief to our retired employees, so that the new year may truly turn out to be a happy one for them.
With regards,
Rajib Ray
President, DUTA
Vivek Chaudhary
Secretary, DUTA
Cc. (i) Hon'ble Prime Minister
(ii) Hon'ble Finance Minister
(iii) Chairperson UGC
(iv) Vice Chancellor, Delhi University
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