Bhuvan Chandel And Ors vs Union Of India And Anr

Deepinder Singh Nalwa, J

With the consent of the learned counsel representing the parties, five connected writ petitions shall stand disposed of by this common order and facts are taken from CWP-3778-2020.

In the present writ petition, the petitioners are praying for issuance of a direction to the respondents to pay the interest on delayed payment of provident fund beyond one year from the date of retirement till the date of realization of the provident fund.

Petitioners are the retired employees of Panjab University.

Written statement has been filed on behalf of the University and relying on Regulation 14.15 of Provident Fund Regulation in the Panjab University Calender Volume I, 2007, it is stated that no interest on provident fund can be paid to an employee from the date of expiry of one year from his leaving the University service or his retirement. Reliance has also been made to other regulations on the subject. In light of Regulation 14.15, the respondent-University requested the Ministry of Human Resource Development, Department of Higher Education, for granting one time relaxation in the above said regulation, to approve the payment of interest on provident fund after the expiry of one year as claimed by the petitioner. A decision was also taken by the Syndicate of the University with regard to grant of interest after the expiry of one year. The Union of India has filed an affidavit dated 18.02.2020 (in CWP-27071-2018) wherein, in para 4, it has been observed by the Union of India that Regulation 14.15 is not applicable in the present matter and therefore, the relaxation of Regulation 14.15 does not arise. It was further observed that the University may take necessary action, with the approval of the competent authority, to make payment of interest to the teachers who had contributed to the provident fund after their retirement.

Learned counsel appearing on behalf of the petitioner submits that in light of the stand taken by the Union of India, the present writ petitions may be disposed of with a direction to the University to take an appropriate decision with regard to grant of interest as claimed by the petitioner in the present writ petition, in a time bound manner.

Learned counsel appearing on behalf of University does not oppose to the prayer made by learned counsel for the petitioners.

In view of above, the present writ petitions are disposed of with a direction to the University to take an appropriate decision, taking into consideration the stand taken by the Union of India in the affidavit dated 18.02.2020 (in CWP-27071-2018), and pass an appropriate order within a period of two months from the date of receipt of certified copy of this order.

Pending application(s), if any, shall also stand(s) disposed of accordingly.