Court Filings

CMWP 32101 Allahabad Judgment

Categories
Published
of 11
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
Share
Description
A lost case of Pension
Transcript
  AFR Judgment reserved on 23.03.2011Judgment delivered on 12.08.2011Civil Misc. Writ Petition No.32101 of 200 Dr. V.P. Singh & Ors. !s. Executive Council Banaras Hindu University, Varanasi & Ors. Civil Misc. Writ Petition No.28 #0 of 200 Proessor !rittun ay Bhattacharyya !s. Executive Council, B.H.U., Varanasi & #nr. $on. %unil Am&'(ni) J.$on. *. N. P(nde+) J. $.%e have heard Shri .'. Singh or the (etitioners. Shri )a*esh Sinha or the Central overn+ent. Shri Pan*a  a-vi or Banaras Hindu University and Shri V.'. U(adhyay or the University rants Co++ission. .#ll the (etitioners are teachers/ e+(loyees o the Banaras Hindu University. By the 0rit (etition o.1$2$ o 223 they have (rayed or -uashing the decision o the Executive Council o the University dated $4th52th 6uly, 22 as co++unicated 7y the )egistrar o the University on 8.4.22 regretting to a((rove the orders o the Vice Chancellor o the University dated 2.1.22$ and $9.$.22 to grant another o((ortunity to the university e+(loyees, and to all those 0ho have su(erannuated ater $.$.$44:, to o(t or the (ension sche+e. Conse-uently, the action ta*en in co+(liance to the Vice Chancellor order dated $9.$.22 0as 0ithdra0n. ;he (etitioners have urther (rayed or 0rit o +anda+us co++anding the university to allo0 the  (etitioners to s0itch 7ac* ro+ Contri7utory Provident <und Sche+e =CP< Sche+e> to eneral Provident <und5cu+5ratuity5cu+5Pension Sche+e =P<5ratuity5Cu+5Pension Sche+e>.1.?n %rit Petition o.9@42 o 223, the (etitioner has challenged the decision o the Executive Council dated 1$st   !ay, 221 co++unicated to the (etitioner vide letter dated 3th 6uly, 221.3.Brie acts giving rise to these 0rit (etitions are that the <ourth Central Pay Co++ission reco++ended that all contri7utory und 7eneiciaries in service as on $.$.$49: should 7e dee+ed to have co+e over to the Pension Sche+e unless they s(eciically o(t to continue under the Contri7utory Provident <und Sche+e. ;he De(art+ent o Pension and Pensioners %elare accordingly issued an order on $.8.$49@ under 0hich the o(tion 0as to 7e exercised 7y 12.4.$49@. ;hose e+(loyees, 0ho o(ted to continue under CP< Sche+e 0ere ex(ressly retained in CP< Sche+e. #ll the  (etitioners o(ted to continue 0ith CP< Sche+e.8.Shri .'. Singh a((earing or the (etitioners states that the Benaras Hindu University vide its Circular dated :.1.22$ invited a((lications ro+ the e+(loyees o the res(ondent university or changing over ro+ CP< to P<5ratuity5Pension Sche+e. ;he o(tion 0as to 7e exercised 7y 8.8.22$. ;he decision to give an o((ortunity to the e+(loyees 0as ta*en 7y the Vice Chancellor on the reco++endation o a co++ittee, 0hich 0as a((ointed 7y the co+(etent authority o the university and included t0o +e+7ers o the Executive Council. !any e+(loyees exercised the o(tion and 0ere allotted the P< nu+7ers. #lthough in res(ect o so+e o the nu+7ers Ainteri+A 0ord 0as +entioned 7ut in +any cases the 0ord Ainteri+A 0as not +entioned. ;he (rocess continued or a (eriod o $@ years ater 0hich the acility 0as discontinued and a decision 0as ta*en 7y the Executive Council o the University on $4th52th 6uly, 22, 0hich is under challenge.:.?t is su7+itted 7y learned counsel or the (etitioner that the Executive Council o the University has acted ar7itrarily in not acce(ting the o(tion or+, 0hich 0as  1 su7+itted 7y the (etitioner in (ursuance to the notiication dated :.1.22$. ;he university had in the (ast also invited o(tions in the year $499 and thrice in the year $448 ro+ the teachers/ e+(loyees o the Universities. ;here are several other (re+ier institutes/ universities in the country in 0hich the teachers and e+(loyees have 7een extended the acility o s0itching 7ac* ro+ CP< to P<5ratuity5Pension Sche+e u(to the year 221. @.;he (etitioners have a+ended the 0rit (etitions and have challenged the decision o the overn+ent o ?ndia and the University rants Co++ission dated .@.221, 1.4.221 and 2.$2.221 re ecting the re-uest o the University to allo0 the teachers/ e+(loyees to s0itch over to the P<5ratuity5Pension Sche+e and have challenged the order dated .@.221 (assed 7y the 6oint Secretary =Personnel>, De(art+ent o Ex(enditure, !inistry o <inance, overn+ent o ?ndia, the order dated 1.4.221 (assed 7y the Under Secretary, University rants Co++ission, and the order dated 2.$2.221 (assed 7y the De(uty Secretary, De(art+ent o Secondary and Higher Education, !inister o Hu+an )esource Develo(+ent, overn+ent o ?ndia. ?t is su7+itted that on the reco++endation o 8th Pay Co++ission the (ay (ac*age 0as drastically a+ended in avour o the e+(loyees, 0ho had o(ted or P<5ratuity5Pension Sche+e and has adversely aected those, 0ho continued under CP< Sche+e in as +uch as the age o su(erannuation 0as raised ro+ :2 to : years the co++utation o (ension 0as increased ro+ $/1rd o the (ension to 32 o the (ension a+ount 8 o the non5(racticing allo0ance 0as (rovided to the teachers 7elonging to +edical (roession to 7e treated as (ay, or calculating (ension. ;he dearness allo0ance 0as added or the (ur(oses o calculation o gratuity, 0ith ceiling o )s.1.8 lacs and a+ily (ension 0as li7eralised 0.e.. $st  3 6anuary, $449 giving the 7eneit to +other/ ather, in the a7sence o s(ouse and children. ;he denial o an o((ortunity, 0hich has 7een given to the teachers o +any other institutes, to s0itch 7ac* ro+ CP< to P< Sche+e, is thus 0holly ar7itrary and illegal and violative o (etitionersA rights under #rt. $3 and $: o the Constitution o ?ndia. 9.Shri Pan*a a-vi a((earing or the Banaras Hindu University, states that the President o ?ndia in the ca(acity as visitor o the University had a((roved the a+end+ent o Statute 31 o the B.H.U. #ct and accordingly the Central University )etire+ent Beneit )ules, $4:@ 0ere circulated 7y notiication dated 4.$.$4:@ re-uesting the e+(loyees o the University to exercise their o(tion under )ule 1 =iii> o the )ules. ;hose e+(loyees, 0ho o(ted or CP< Sche+e 0ere again given an o((ortunity to s0itch over (roviding or the last date o exercising the o(tion 7y 1$st Dece+7er, $448. ;hereater, no urther o((ortunity 0as allo0ed. So+e o the e+(loyees, 0ho had o(ted or CP< Sche+e and also did not avail the o(tion 7y 1$st Dece+7er, $448 +ade oint re(resentation giving hi+ another o((ortunity. ;heir re(resentation 0as or0arded to University rants Co++ission, e0 Delhi in ove+7er, $444. ;he University rants Co++ission reerred the +atter to the !inistry o Hu+an )esource Develo(+ent, 0hich in turn sought the advice o !inistry o <inance. ;he !inistry o <inance did not acce(t the oint re(resentation. 4.;he Vice Chancellor constituted a Co++ittee under the Chair+anshi( o Shri D.'. )ai vide notiication dated 1$.$.22$ to exa+ine 0hether the re-uest o the teachers/ e+(loyees to give one +ore o((ortunity can 7e considered. ;he Co++ittee reco++ended that the letters o UC dated $8th 6une, 222 and !inistry o Hu+an )esource Develo(+ent dated $4th 6une, 222 7e re(orted to the
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks