Dear Dr. IM Kapahy, With reference to my recent mails on the issue of pension to DU employees, I wish to invite your kind attention to the glaring errors in the O.M. No. 3/5/2011-P&PW(F) dated 23.06.2014 issued under the signature of Ms. Tripti P. Ghosh, Director, Ministry of Personnel, PG & Pensions, wherein she has stated (among other things) the following: 1.That the GOI O.M. dated 01.05.1987 (the basic document on the basis of which Pension Scheme was granted to all central government employees) was applicable for Central Government employees only; and the DU had not taken appropriate approvals from higher authorities/Ministries; and 2.That the pensioners of DU had continued to subscribe towards CPF Scheme after 30.09.1987.....and this may be interpreted as a deemed option (for CPF) in these cases; and their switching over to Pension Scheme is against the decision taken by the government (Emphasis added). The purported Task Force created by the Ld. VC/DU was very much impressed with these observations of Ms. Tripti P. Ghosh and made certain erroneous and illogical recommendations, which were accepted by the Executive Council of the University on 14.08.2014. I am sorry to state that the said Director, Ld. members of the Task Force and the Honble Executive Council members (except a few who dissented) have committed grave error of understanding the law and the documents on record; and the decision of the DU to go in appeal against the judgments of the High Court dated 30.04.2014 is totally misconceived, improper and wrong by any standard. More so, when the judicial interpretation given by the Honble Supreme Court (way back in the year 2006) is already on record...........! In this context, I wish to draw your kind attention once again to the following three documents, which may clarify the whole situation: 1.The GOI O.M. No. 4/1/87-PIC-I dated 01.05.1987 issued by the Ministry of Personnel, Public Grievances and Pension (the basic document on which the whole issue rests). 2.UGC letter dated 25.05.1999 issued under the signature of Dr. R.K. Chauhan, Joint Secretary....It was addressed to Dr. KK Panda, Registrar of Delhi University, stating therein that as the option was given upto 30.09.87 and it was clearly stated in the order that if no option is received by the above date, the employees will be deemed to have come-over to the Pension Scheme; and the option once exercised shall be final. Copy of this letter is attached for your ready reference. 3.The Honble Supreme Court interpreted the said O.M. dated 01.05.1987 in Union of India v. SL Verma & Ors (2006)12 SCC 53, wherein the apex court had very clearly held that all those employees who had not specifically opted for CPF on or before 30.09.1987, the cut-off date, would automatically come-over to the GPF/Pension Scheme w.e.f. 01.10.1987 by operation of law; and they could not go back to CPF (subsequently) even if they so desired. In my considered view, a great deal of extra-ordinary intelligence is not required to understand the meaning and import of the contents of these three documents. It appears that the Honble VC and his team of non-management/law conversant very special persons have been trying to mislead everyone, perhaps, to draw pleasure out of sufferings of DU pensioners and others who may be retiring in near future. Further, a majority of members of the Executive Council are neither here nor there and, in all probability, know nothing about the law and issues involved in the matter. What is the use of having such bodies of persons.......I ask myself? Indeed, it is very bad human resource management.........and the complete silence of management and law professors of DU on this vital issue is deplorable..........!! Under the circumstances, it is very humbly suggested that you may kindly have a word with the DUTA Office Bearers and make an appropriate representation to the UGC and/or the Ministry of Human Resource Development. I may be available for any assistance, as and when required. I have been getting communications from other universities as well, as they are waiting for a decisive action from our end. With warm regards, Prof. Amar Nath Gupta M.,LL.B.,FCS Senior Faculty (Commerce)
Posted on: Mon, 18 Aug 2014 07:59:23 +0000
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