UoH Profs Move High Court on Pension Benefits

Hyderabad:A two-judge panel of the Telangana High Court took on file a writ appeal questioning the grant of pensionary benefits to University of Hyderabad employees by treating them as having automatically shifted from the Contributory Provident Fund (CPF) scheme to the Pension Scheme. The panel of Chief Justice Aparesh Kumar Singh and Justice G. M. Mohiuddin was hearing a writ appeal filed by the Union of India against an order of a single judge who allowed writ pleas filed by Prof. Sharika Nandan Kaul and others, holding that the employees were deemed to have migrated from the Contributory Provident Fund Scheme to the Pension Scheme as they had not exercised an option to continue under CPF within the stipulated cut-off date. The single judge held that circulars issued by the university extending the option period were invalid in the absence of approval from the Union of India. In the writ appeal, the Centre contended that the office memorandum relied upon applied only to Central government employees and not to employees of Central universities, which are autonomous bodies. Consequently it was argued that automatic migration to the pension scheme could not be claimed.

Notice to police commissioner on cop’s benefits

Justice Nagesh Bheemapaka of the Telangana High Court ordered notice to the police commissioner in a contempt case alleging failure to comply with the direction of the judge to reinstate a police officer with consequential service benefits. The judge was dealing with a contempt case filed by sub-inspector K. Bhanu Prakash who complained that despite a clear judicial order, the police failed to reinstate him or extend the benefits directed by the court. The dispute traces its origin to disciplinary proceedings initiated against the petitioner even after his acquittal in a criminal case. The petitioner had been prosecuted for offences relating to murder and causing disappearance of evidence or giving false information to screen an offender. A sessions court acquitted him of all charges, and the state did not prefer any appeal against the acquittal. Despite this, the police continued departmental proceedings and issued a memo against the officer. He contended that the continuation of disciplinary action on the very same allegations was illegal. Allowing the writ, the judge quashed the disciplinary action and directed the respondent authorities to reinstate the petitioner with consequential service benefits, including seniority, notional promotions, fitment of salary and other attendant benefits, along with 50 per cent back wages, within a stipulated time. Alleging that the authorities failed to comply with the binding judicial directions within the prescribed period, the petitioner initiated contempt proceedings against the police department. Taking note of the grievance, Justice Nagesh Bheemapaka issued notice to the police commissioner, seeking an explanation in the matter.