Refund Rs 25 lakh cut from professor’s retirement benefits: Delhi High Court to DU

The Delhi High Court has ordered Delhi University to refund Rs 25.75 lakh to a retired professor. The court ruled that the university cannot recover the money solely because the professor did not complete his PhD during a study leave period between 1983 and 1986. Vinod Kumar Khurana, the teacher in question, had taken the study leave, rejoined work, and served for over 25 years before retiring in 2011.

The court found that the recovery of funds was not authorized by law and directed the university and college to restore his salary and recalculate his pension and other retirement benefits. The professor was appointed as a lecturer in 1971 and applied for a PhD course in Sanskrit in 1979. His study leave was approved in 1983, and he was granted full pay and allowances from September 1983 to September 1984.

The leave was extended by two years, and he continued working until his retirement in 2011. The court noted that the teacher had not been disciplined or dismissed during his service and that non-completion of studies should not lead to any refund. The high court emphasized that the right to pension is a valuable property right and that the recovery of funds without legal authority is impermissible.

The court set aside the withdrawal of increments and the recoveries and directed the university and college to restore the professor's pay, recalculate his pension and retirement benefits, and pay the pension arrears from December 1, 2011.