In spite of HC Order, Over 1,000 Retired Delhi University Teachers, faculty Denied Pension
The Delhi high court clears all obstacles for the release of pensions to over 1,000 retired non-teaching and teaching faculty at the University of Delhi, but the central university has still not started the process of releasing monthly pensions for faculty.
On May 1, 1987, the issue finds its source in an official announcement issued by University of Delhi, under which staff members were granted to switch from a lump sum retirement scheme under the CPU (Central Provident Fund) to a pension scheme under the GPF (General Provident Fund), following the declaration of the 4th Pay delegation by the Centre.
While at the first go, many choose the scheme but others choose after 1989 when university provided them this another option. Some staff members did not choose this scheme at all.
In 2014, the University Grants Commission stopped the process of giving pensions who applied for pension scheme to all faculty members of DU after 1987. The Commission had stated that The authorization was not taken by the university earlier it grants its faculty to join the pension scheme.
After September 30, 1987, 2,469 faculty members had been allowed to switch to the General Provident Fund (GPF) by the university. However, who retired after July 2014, they are worst concerned as the university promptly stopped releasing pensions for them. These retired faculty members also suffered a lot as their (CPF) central provident fund accounts had been closed for more than 18 years.
Delhi high court had considered retired faculty members in 3 divisions:
The UGC’s conclusion and the block on pensions were disputed by various faculty members through a bundle of applications.
Division 1 (N.C.Bakshi batch)
Division 1 composed those cases where the applicant had the privilege to continue in the Central Provident Fund (CPF) Scheme after the deadline of September 30, 1987, during the provided extended duration.
Division 2 ( Sashikiran batch)
Division 2 composed those cases that has specific option to continue under the Central Provident Fund (CPF) scheme on or before the cut-off date and wanted for expansion of one more choice to shift over from Central Provident Fund (CPF) to General Provident Fund (GPF).
Division 3 (Virmani batch)
Divison 3 composed those cases where the applicant had not acknowledge their choice to continue with the Central Provident Fund (CPF) Scheme. High Court had allowed concession of pension in all 3 divisions. On August 24, 2016, the divisions had treated the 3 sections of faculty members differently.
The court said that if the university and the prisoner urge that the true perception of 1987 oblique meant that anyone not furnishing a choice to continue in the CPF scheme is suspect to have chosen for the Pension Scheme (as the Virmani group assuredly did) there is no way they can accomplish on the ground.
Following ministry permission, DU challenged HC order on Division 1 and Division 2.
This matter was taken up by the DU with the Ministry of Human Resource Development for its guidance on whether a petition should be filed in the Supreme Court or not.
On May 23, 2017, after receiving 5 letters from the ministry, the Delhi University had filed a special leave application in the Supreme Court on Division 1 and Division 2 (Sashikiran batch).
Since it had not filed an SLP on Division 3 (Virmani batch), it had become mandatory on the part of the university to the appliance the wisdom of the distribution in respect to this division and release the pension to those covered under it. Delhi University Teachers’ Association, secretary Sandeep, and president Nandita Narayan said that university was appreciative to the appliance the wisdom in totality.
Faculty members also demanded that the UGC and Ministry should sanction funds which required to all section of faculty members who had won the case and also not constrain the DU to commence path that amounts to a gross disregard of HC and also demanded to start transfer process from CPF to GPF of all faculty members who awarded an obvious right to pension by HC.
It was also pointed out that the pension is one of the issues in which justice postponed and naturally contradict and also many senior faculty members have lost their lives while waiting for the announcement of their pension. The Delhi University Teachers’ Association office bearers regret that the continuation of denied of pension was leading to serious financial calamity and had effected the health of various retired faculty members.
The appeal to the minister for doing some urgent measures to justice to senior citizens, was not met with a response yet. Many retired DU faculty members were enforced to move court again because they are not getting their pensions.
Manju Narang is one of the faculty members of DU who had retired as an associate professor of philosophy, Her main concern is not for grant pension, its just for release of pension, which has already taken 1 year. She filed this matter before a year, but still, the matter has not heard yet. She also said that her college told her, the file was ready and its just waiting for Du’s approval to release the pension.
DU Colleges had determined net pension liability up to 30 April 2017, from the date of retirement after confirming the CPF amount along with the 8% simple interest, if any and acknowledge to UGC for making deposits in court. On July 13, 2017, DU affirmed that the colleges that they may commence an action for releasing the monthly pension in dignity of the applicant of Division 3 from the month of May 2017.
Currently, on May 7, 2018, DUTA letter to vice-chancellor Yogesh Kumar Tyagi claimed no progress, even Division 3 pensions not released. DUTA secretary Vivek Chaudhary and president Rajib Ray wrote on the letter that no steps are taken to solve the issue of pensions for retired faculty members who spend their entire lives serving DU.
Due to low wages, the non-teaching staff is among worst sufferers than teaching staff because of the overall poor financial condition. Ashok Sharma, a former faculty member said that he worked in different department s of Delhi University as an administrative officer but still not received any pension as he retired in mid-2016. He was cognizant of families which were in a critical situation due to the pension denied. He also said that Dewan Singh was a colleague and a friend who died after his retirement and his wife is suffering from cancer and his son is breaking his back to get mother’s treatment.
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