Delhi High Court - Orders
Ritu Raj Jain & Ors vs Netaji Subhas University Of Technology ... on 28 April, 2023
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6201/2022
RITU RAJ JAIN & ORS. ..... Petitioners
Through: Ms. Chandrika Gupta, proxy
counsel for Mr. Rajat Aneja,
Advocate.
(M): 9910122455
Email: [email protected]
versus
NETAJI SUBHAS UNIVERSITY OF TECHNOLOGY &
ANR. ..... Respondents
Through: Ms. Rashmi Chopra with
Ms. Vatsala C. Chaturvedi,
Advocates for respondent no.
1/NSUT
(M): 9560888157
Email: [email protected]
Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with
Ms. Tania Ahlawat, Mr. Nitesh
Kumar Singh, Ms. Palak
Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 28.04.2023 [Physical Hearing/ Hybrid Hearing] CM APPL. 15327/2023 (Application under Section 151 CPC on behalf of petitioner no. 4 for seeking appropriate directions to the respondent no. 1 (Netaji Subhas University of Technology) not to release the Employer's Contributory Provident Fund on account of the voluntary retirement sought by Mrs. Alka Rai (petitioner Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:02.05.2023 15:39:34 no. 4) during the pendency of the present writ petition)
1. The present is an application on behalf of petitioner no. 4 seeking directions to the respondent no. 1 i.e. Netaji Subhas University of Technology not to release the Employers' Contributory Fund to petitioner no. 4 on account of her voluntary retirement.
2. The petitioner has sought voluntary retirement, which prayer of the petitioner has been accepted by the respondent. Thus, the petitioner no. 4 herein shall stand retired voluntarily w.e.f. 04.05.2023.
3. It is the case on behalf of petitioner no. 4 that the issue in the present petition is with respect to implementation and application of the General Provident Fund (GPF)-cum-Pension Scheme to the petitioners, as they have been appointed prior to 01.01.2004. Thus, it is the prayer on behalf of petitioner no. 4 that she does not wish to receive her retiral benefits to the extent of Contributory Provident Fund (CPF) contribution, in view of pendency of the present writ petition.
4. Learned counsel appearing for respondent no. 1 submits that she has instructions to file reply.
5. On the other hand, learned counsel for the petitioner no. 4 submits that it is the prayer of the petitioner no. 4 herself that the Contributory Provident Fund amounts may not be disbursed to her during the pendency of the present writ petition.
6. Considering the submissions made on behalf of petitioner no. 4, wherein petitioner no. 4 has made a categorical statement that she does not wish to receive the Contributory Provident Fund (CPF) contribution during the pendency of the present writ petition, it is Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:02.05.2023 15:39:34 directed that the respondents shall not release the retiral benefits to the petitioner no. 4 to the extent of her Contributory Provident Fund (CPF) contribution, during the pendency of the present writ petition.
7. It is made clear that the aforesaid order has been made at the specific request of petitioner no. 4, where she has herself made a prayer for not receiving the CPF contribution.
8. With the aforesaid directions, the present application is disposed of.
W.P.(C) 6201/2022
9. List on 24.08.2023.
MINI PUSHKARNA, J APRIL 28, 2023 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:02.05.2023 15:39:34