{Haryana} Extend OPS to KU staff hired on posts advertised before NPS rollout: HC
The high court bench of justice Tribhuvan Dahiya also imposed a cost of ₹ 5 lakh on the government and the varsity for acting 'arbitrarily' and 'unreasonably' in the case of faculty members of KU.
The petitioners, recruited as lecturers, were demanding restoration of OPS and quashing of July 2023 communication of the state government, whereby varsities were directed not to act on a May 2023 communication regarding inclusion of those employees under OPS, who were recruited against posts advertised prior to NPS notification. These employees were recruited between May and November 2006 pursuant to advertisements in 2005 and 2006, when KU Employees Pension Scheme 1997 (OPS) was in effect.
Haryana introduced NPS with January 1, 2006 followed by the universities as well. In March 2023 Central government allowed OPS to the employees who were recruited against posts notified prior to implementation of NPS. Haryana also adopted the same in a May 2023 notification. However, in July 2023, a communication told varsities not to act on May 2023 notification—which effectively meant that such employees in universities would not get the benefit of OPS. It was in this background that these teachers had approached the high court.
The court said that once the state government allowed the category of employees appointed against the posts advertised prior to the date of notification of NPS to go back to the old scheme by exercising an option, the same benefit was required to be extended to varsity employees also. The court termed the government decision 'unreasonable' and 'arbitrary exercise of power' while adding ' such an about-turn without any rationale smacks of high handedness on the government's part, which is deplorable and cannot be acceded to. In this constitutional scheme of things no executive authority can anoint to itself absolute power to act to or not to act at will, without mentioning any justifiable reason,' the court observed.
The court also underlined that the university had an obligation to work for its employees welfare and it should have taken a step in that direction but appears to have 'abdicated the authority' and chosen to be a 'mute spectator'.
The court 'censured' the governments conduct while observing 'if it suits the government these employees are brought under new pension scheme meant for its employees, if it does not, they are treated as aliens and even the benefits available to the government employees under the same scheme are denied on the specious plea of not receiving proposal from the university in this regard,' the court added while referring to the argument from the government that no proposal came from the university to grant these employees OPS.
Now, the court has given two-weeks' time to complete the requisite formalities and has also given an extended deadline of eight weeks to implement the scheme. As of the fine imposed, ₹ 4 lakh are to be paid by the government and ₹ 1 lakh by the KU as litigation cost for five petitions filed by the employees.
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