Delhi High Court - Orders
Meenakshi Sahay vs Union Of India & Ors on 18 February, 2026
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2297/2026
MEENAKSHI SAHAY .....Petitioner
Through: Mr. Rajeev Saxena, Sr. Adv. with Mr.
Rohit Priya Ranjan, Ms. Megha
Saxena and Ms. Shreya Bhatnagar,
Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Rohan Jaitley, CGSC with Mr.
Akshay Sharma, GP, Mr. Dev Pratap
Shahi and Mr.Varun Pratap Singh,
Advocates. for R-1
Mr. Mohinder Rupal, Mr. Hardik
Rupal, Ms. Aishwarya Malhotra and
Ms. Tripta Sharma, Advocates for
University.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 18.02.2026 CM APPL. 11063/2026 (seeking exemption from filing certified copies)
1. Exemption is granted, subject to all just exceptions.
2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of. W.P.(C) 2297/2026
4. In the previous round of litigation, being W.P.(C) 2424/2025, the W.P.(C) 2297/2026 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:34:55 Petitioner had sought fixation of family pension on account of the services rendered by her late husband, who was working as a Professor in Sri Venkateswara College under the University of Delhi.
5. The controversy therein arose from the decisions taken by the Executive Council and the Finance Committee of the University, whereby extension of the Office Memorandum dated 26th October, 2022 issued by the Department of Pension and Pensioners' Welfare was approved for application to the University. While taking the said decision, reliance was placed upon a communication dated 26th September, 2024 issued by the Ministry of Education, Government of India, stating that administrative and academic decisions are to be taken by the University with the approval of its statutory bodies, namely, the Executive Council, Academic Council and the Court.
6. In the above circumstances, noting that there was hardly any controversy, this Court had issued the following directions:
"A. The Ministry of Education, Government of India, has already communicated, by its communication dated 26.09.2024, that administrative decisions of this nature are to be taken at the level of the University. If it has any further directions or comments to offer on the proposal in question, it will communicate the same to the University within a period of three weeks from today.
B. As noted above, the University has also requested the UGC for its comments, which are still awaited. UGC is directed to respond to the same within the same period.
C. Within the period of eight weeks from today, the University is directed to pass necessary orders on the petitioner's representation after considering the comments of the Union of India and/or UGC, if any comments have been received within the aforesaid period. If no comments have been received, the University may proceed on the basis of the resolutions of its Finance Committee and Executive Council."
7. Pursuant to the aforesaid directions, the Ministry of Education, Department of Higher Education, by communication dated 13 th June, 2025, W.P.(C) 2297/2026 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:34:55 conveyed as under:
"Sub: Extension of DoP&PW OM dated 26.10.2022 to Central University for availing benefits under old pension scheme on death of Govt. servant covered under NPS during service or his discharge from service on account of invalidation or disablement-reg.
Sir, I am directed to refer to University of Delhi letter No. Fin.VIIl/NPS to GPF/2023-24 dated 20.03.2025 and 23.05.2025 regarding the subject mentioned above and to convey as decided in consultation with Department of Expenditure and Department of Pension and Pensioners' Welfare that CCS (Implementation ofNPS) rules, 2021 are specifically applicable to the Central Government employees and as such not applicable to the employees of Autonomous Bodies. Therefore, the benefits of Rule 10 of CCS (Implementation of NPS) Rules, 2021 may not be extended to the employees of Autonomous Bodies under administrative control of Mio Education.
2. This issues with the approval of Competent Authority."
8. The aforesaid communication, prima facie, appears to be at variance with the earlier communication dated 26th September, 2024, wherein the decision had been left to the University.
9. In view of the subsequent communication dated 13 th June, 2025, the University of Delhi is now in a quandary as to the course of action to be adopted in terms of the directions earlier issued by this Court.
10. In the above circumstances, issue notice. Mr. Rohan Jaitley, counsel for Respondent No. 1, and Mr. Mohinder Rupal, counsel for the University, accept notice.
11. Counter Affidavit be filed within four weeks from today. Rejoinder thereto, if any, be filed within two weeks thereafter. The Union of India shall, in its Counter Affidavit, specifically explain the apparent inconsistency between the two communications dated 26 th September, 2024 W.P.(C) 2297/2026 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:34:55 and 13th June, 2025.
12. Issue notice to Respondents No. 2 and 4, by all permissible modes, upon filing of process fee, returnable on the next date of hearing.
13. Re-notify on 20th July, 2026.
SANJEEV NARULA, J FEBRUARY 18, 2026/hc W.P.(C) 2297/2026 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2026 at 20:34:55