Uttarakhand High Court
Ashok Kumar Chopra And Others vs Gurukul Kangri Vishwavidhyalaya And ... on 19 November, 2016
Author: Alok Singh
Bench: Rajiv Sharma, Alok Singh
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Reserved Judgment
Writ Petition No. 452 of 2015 (S/B)
Ashok Kumar Chopra and others ......Petitioners.
Versus
Gurukula Kangri Vishwavidyalaya and others
...... Respondents.
Present:
Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Alok Mahra, Advocate for the
petitioners.
Mr. Arvind Vashistha, Senior Advocate assisted by Mr. Anil Kumar Joshi, Advocate
for respondent Nos. 1 and 2.
Mr. Vikas Pande, Advocate for respondent No. 3.
JUDGMENT
Coram: Hon'ble Rajiv Sharma, J.
Hon'ble Alok Singh, J.
Dated: 19th November, 2016 RAJIV SHARMA, J. (Oral) The facts necessary for the adjudication of this petition are that petitioner Nos. 1 to 6 are faculty members serving as Professors in different Departments of Gurukula Kangri Vishwavidyalaya (hereinafter referred to as 'Vishwavidyalaya' for brevity). Petitioner Nos. 7 to 12 are serving on non-teaching posts in Vishwavidyalaya. Petitioner Nos. 13 to 14 have retired from the post of Professors on 30.06.2012 and 31.07.2012 respectively. Petitioner Nos. 15 and 16 have retired from non-teaching posts on 31.01.2010 and 30.04.2015 respectively. All the petitioners were serving the Vishwavidyalaya as on 01.01.1986 (except petitioner Nos. 9 to 11). The affairs of the Vishwavidyalaya are governed by Memorandum of 2 Association. According to the existing Memorandum of Association, approved by U.G.C., vide letter dated 24.05.2012, there are three constituents campus of the Vishwavidyalaya, namely (a) Gurukula Main Campus, Haridwar (b) Kanya Gurukula Campus, Dehradun and (c) Kanya Gurukula Campus, Haridwar. The highest governing body of the Vishwavidyalaya is the Board of Management headed by Vice Chancellor. The U.G.C. has a deep and pervasive control over the administrative and financial control of the Vishwavidyalaya.
According to Appendix 13 of annexure No. 7, the Central Government employees who were governed by the Contributory Provident Fund Scheme (hereinafter referred to 'CPF Scheme' for convenience) were given repeated options in the past to come over to the Pension Scheme. The last such option was given by the Department of Personnel and Training on 6th June, 1985. However, some Central Government employees still continued under the CPF Scheme. The Fourth Central Pay Commission has recommended that all CPF Scheme beneficiaries in service on January 1, 1986, should be deemed to have come over to GPF Pension Scheme on that date unless they specifically opted to continue under the CPF Scheme.
According to para 3.1 of the Appendix 13 of annexure No. 7, all CPF Scheme beneficiaries, who were in service on 1st January, 1986, and who were still in service on the date of issuance of this order (viz., 1st May, 1987) will be deemed to have switched over to GPF Pension Scheme. Thereafter, the U.G.C. has issued a letter dated 2nd June, 1999, referring to Appendix-13, dated 1st May, 1987. It is evident from the language employed in Annexure Nos. 6 and 7 that 3 employees who have exercised their specific option to continue under the old CPF Scheme on or before 30th September, 1987 were to be permitted to be continued with the old Scheme. However, the other employees who had not given specific option were deemed to have opted to GPF pension scheme.
The Office Memorandum of the Central Government was adopted and implemented by UGC in respect of Vishwavidyalaya and University of Delhi, being centrally funded Universities / Institutions. On the basis of the letter dated 2nd June, 1999, the Registrar of Vishwavidyalaya submitted a note before the Vice Chancellor. The note was put up before the Finance Officer. The Finance Officer has specifically mentioned in note that UGC order was self- explanatory which provided that anyone who had not exercised any option till 30th September, 1987, shall automatically come under the GPF Pension scheme. The Vice Chancellor of the University constituted a Committee, headed by Professor, R.C. Dube, to resolve the issue of GPF / CPF schemes. The Committee made a recommendation to cover all employees who were continuing under the CPF Scheme to be governed by the new pension Scheme, i.e. GPF Pension Scheme by referring to letter dated 2nd June, 1999. The recommendations made by Professor, R.C. Dube, were placed before the Board of Management of the Vishwavidyalaya in its meeting held on 17th May, 2015. It was resolved by the Board of Management, as per agenda Item No. 14 that approval of UGC be obtained for change over from CPF Scheme to GPF Pension Scheme. The Board of Director is the highest decision making body of the University.
4Petitioners have also made several representations for redressal of their grievances. The case of the petitioners was also that they were never circulated the terms of the UGC order dated 2nd June, 1999. The option was to be exercised by the employees on or before 30th September, 1987. The relevant date was 1st January, 1986. The Vice Chancellor has also taken this aspect into consideration. One Shri Ambuj Sharma, though, admittedly has exercised his option after 30th September, 1987 for switching over to CPF Scheme, yet he was given benefit of GPF pension scheme on 24.04.2003. Similarly situated employees have been given benefit of new pension scheme, i.e. GPF Pension Scheme. The Finance Officer of the University has also recommended that letter dated 30th September, 1987 was self-explanatory. The change-over was automatic, in case, no option was exercised by the employees. Four employees, who were permitted to change over from CPF to GPF Pension Scheme, in terms of the U.G.C. order dated 2nd June, 1999, were similarly situated, viz-a-viz, petitioners and these four employees had not exercised option for GPF Pension Scheme before 30th September, 1987.
Accordingly, the writ petition is allowed with cost of Rs.10,000/-. All the petitioners would be deemed to be covered under the GPF Pension Scheme. The employees, who have retired before filing of the writ petition and during the pendency of this petition, would be paid their pension under the GPF Pension Scheme within a period of eight weeks from today with 9% interest per annum.
(Alok Singh, J.) (Rajiv Sharma, J.)
19.11.2016 19.11.2016
Shiv
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