USHVINDER KAUR POPLI Vs. PUNJABI UNIVERSITY AND OTHERS

JUDGEMENT

(1.) By way of issuance of a writ in the nature of certiorari petitioner seeks to quash communication dated 28.02.2013 (Annexure P-1) whereby the amount payable to petitioner on account of pension contribution and gratuity has been retained. Consequential relief for issuance of a writ in the nature of mandamus has also been sought directing the erring respondents No.1 and 2 to comply with the communication dated 10.10.2012 (Annexure P-4) issued by respondent No.3-University and to pay the amount of pensionary benefits requested therein alongwith interest.

(2.) Succinctly factual narratives: The petitioner joined as Lecturer on 04.01.1989 in Punjabi University respondent No.1. There was no pension scheme at that time and the petitioner thus opted for Contributory Provident Fund (for brevity, CPF). The said process continued till 1992, when pension scheme was introduced w.e.f., 01.04.1990. The petitioner opted for the pension scheme and was allotted General Provident Fund Account No.1104 and continued to contribute therein until 01.05.2006, when she got a better assignment in Jamia Millia Islamia University (JMI)-respondent No.3 and joined there. At the time of filing of writ petition, the petitioner was serving as Professor in Jamia Millia Islamia University (JMI).

(3.) The Government of India issued instructions dated 28.10.2009 (Annexure P-15) wherein it was mentioned that the pre- existing arrangement of mobility between State/Central Autonomous Body to Central/State Government and between autonomous bodies that were to govern by old pension scheme in force upto 31.12.2003 and even the instructions dated 29.08.1984 and 07.02.1986 stand restored as per clause 2(c) of Instructions ibid. Instructions dated 29.08.1984 and 07.02.1986 have also been produced on file as Annexure P-11 and P-12 respectively.