The commission recommends provisional pension be released to Rajesh Mohan without further delay and has summoned the chairman, governing body of ARSD, principal, ARSD, and registrar, DU, for an appearance on July 10 to explain discrepancies in their reply.
NHRC has heard the case of the 66-year-old retired physics and electronics teacher who, after 42 years of service, was served a show-cause notice for allegedly diverting Rs 1 crore without prior approval two weeks ahead of his retirement and chargesheeted a day before retirement which led to the blocking of his provident fund, leave encashment amount, pension and other benefits.
In its April 16 order, NHRC had stated the college authorities "tried to mislead the commission by giving irrelevant details to the points raised by the CAG audit observations". It added that "non-payment of the provisional pension required for the very survival of an employee after retirement is a flagrant violation of Article 21 of the Constitution of India — right to life" and "non-payment of GPF is flagrant violation of the provisions of Provident Fund Act, 1925".
On May 21, the principal of ARSD and DU submitted to the commission that the complainant has filed a frivolous complaint and that he has suppressed facts before the commission.
NHRC in reply to ARSD's submission stated "it has already made it clear and states again that everyone has a fundamental right to earn livelihood under Article 21 of the Constitution of India which includes that after the retirement he is also entitled to receive his deferred wages in accordance with rules.
Non-payment of the retirement benefits, therefore, is violation of one's fundamental right".
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