Sk Aggarwal v. University Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3807/2011 SK AGGARWAL ..... Petitioner Through:

Mr. Rajeev Kumar Tiwari, Adv.

versus UNIVERSITY OF DELHI AND ANR ..... Respondents Through:

Ms.

Simran Jeet, Adv.

for Mr.Mohinder J.S. Rupal, Adv. for respondent no.1.

Mr.

Anurag Mathur, Adv.

for respondent no.2.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 21.12.2016 1.

Learned counsels for the parties submit that connected writ petitions bearing W.P.(C) Nos.1259/2014, 3318/2014, 4721/2014, 7766/2014, 558/2015, 8068/2015, 290/2016, 292/2016, 337/2016 and 3687/2016 have been disposed of by order dated 10th November, 2016 and the same order be passed in this matter as well.

2.

The relevant portion of the order dated 10th November, 2016 is reproduced hereunder:

"1.

Learned counsel appearing for Delhi University states that petitioners are entitled to benefit of the General Provident Fund (GPF) scheme instead of the Contributory Provident Fund (CPF) scheme provided petitioners factually satisfy the requirements of the GPF scheme. Learned counsel for the Delhi University admits that the legal issue is covered in favour of the petitioners by the Division Bench judgment of this Court passed in a bunch of cases with lead case being Smt. Shashi Kiran and Ors. Vs. Union of India and Ors. in LPA No.410/2014 decided on 24.8.2016.

2. Accordingly, these writ petitions are disposed of by directing the petitioners to make representations as to how the petitioners satisfy the eligibility criteria and the conditions for

being covered by the GPF scheme, and which representations be made to the University of Delhi/employer within a period of four weeks from today. The University of Delhi within a period of six weeks thereafter will consider the representations and pass a speaking order giving the benefits to the petitioners of the GPF scheme on the petitioners being held entitled to the GPF scheme on complying with its requirements. The petitioners who will be entitled to the GPF benefits, as per the University of Delhi, the said benefits be released to the petitioners within a period of four weeks of the passing of the order.

If according to the University of Delhi, a particular petitioner is not entitled to GPF benefits because of noncompliance of certain requirements of the GPF scheme, the University of Delhi will pass a speaking order and communicate the same to such petitioner giving the reasons as to how and why such petitioner has failed to comply with the requirement(s) of the GPF scheme for not being granted the GPF benefits. In such a case any dis-satisfied petitioner or any of the other petitioners who feel that complete benefits have not been given to such petitioners, then, in these circumstances, such petitioners are at liberty to file appropriate independent proceedings for seeking enforcement of their rights in accordance with law.

3. The writ petitions are accordingly disposed of with the aforesaid observations."

3.

This writ petition is disposed of in terms of the directions passed in W.P.(C) Nos.1259/2014, 3318/2014, 4721/2014, 7766/2014, 558/2015, 8068/2015, 290/2016, 292/2016, 337/2016 and 3687/2016. The petitioner shall make appropriate representation before Delhi University within four weeks whereupon the University shall consider the same within a period of six weeks thereafter and pass a speaking order and communicate the same to the petitioner.

If the petitioner is not satisfied with the decision of the University, the petitioner would be at liberty to avail appropriate legal remedies in accordance with law.

J.R. MIDHA, J.

DECEMBER 21, 2016/dk