Dr. Suman Lata v. Union Of India And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6514/2019 DR. SUMAN LATA ..... Petitioner Through Mr. Amar Nath Gupta with Mr.

Santosh Kumar Sahu, Advs.

versus UNION OF INDIA AND ORS.

..... Respondents Through Ms. Arti Bansal with Mr. Soumya Karmakar, Advs. for R-1 Mr. Apoorv Kurup with Mr. Baibhav Gahalut, Advs. for R-4 Mr. Mohinder J. S. Rupal with Mr.

Prang Newmai, Advs. for University of Delhi

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 31.05.2019 CM APPL. 27538/2019 (Exemption) Allowed, subject to all just exceptions.

This application is, accordingly, disposed of. W.P.(C) 6514/2019 Vide the present petition, the petitioner seeks directions as under:- (i.) Pass an appropriate writ/ order/ direction declaring the petitioner to have 'come over' to the Pension Scheme w.e.f. 01.01.1986 in compliance of the provisions of the G.O.I. Office memorandum dated 01.05.1987 of the respondent no.1, she having not exercised option for CPF

Scheme. (ii) Pass an appropriate writ/ order/ direction directing the respondents to process the pension files/papers of the petitioner within specified time-limit and provide all benefits under the Pension/ GPF Scheme as per Central Government's GPF Rules w.e.f. her date of retirement. (ii) Pass on appropriate writ/ order/ direction to the respondents to calculate and pay to the petitioner interest @10% p.a. on her pension arrears due since 01.12.2013, and thereafter release payment applying the Rule of 'set-off of the dues' by preparing a Due & Drawn Statement."

In view of the averments in the present petition and submission of learned counsel for the petitioner, I hereby dispose of the present petitioner directing the respondent no. 3 to 5 to take final decision on the issue raised by the petitioner in the present petition.

Accordingly, Vice Chancellor of Delhi University, Chairman of UGC and Principal of Shyama Prasad Mukherji College for Women shall sit together at a place of the convenience of Chairman of UGC and take final decision within four week from the receipt of this order. The petition is disposed of accordingly.

I hereby make it clear that if the petitioner is still aggrieved he is at liberty to challenge the same before the appropriate Forum. A copy of this order be given dasti to counsel for the parties under the signature of Court Master.

SURESH KUMAR KAIT, J MAY 31, 2019