Employment, Pension of employees Central Funded Technical Institute

2 years ago

Bengal Engineering and Science University, Shibpur (BESU, Shibpur), a state aided University under Govt. of West Bengal was converted into Indian Insitute of Engineering Science and Technology, Shibpur (IIEST, Shibpur) under Ministry of Education, Govt. of India through NITSER (Amendment) Act, 2014 on 04 March 2014. By virtue of the Section 5A (d) of the aforesaid Act, every employee of erstwhile BESU, Shibpur become the employee of IIEST, Shibpur after the said transformation and continued to hold the office or service upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity and other service benefits.
Prior to the said conversion, the retirement benefits including pension of all the employees (including faculty and non-teaching staff members) of erstwhile BESU, Shibpur were governed by West Bengal State Aided Universities Death-cum-retirement benefit (DCRB) Scheme which is same and identical to the CCS (Pension) Rules, 1972 of the Govt. of India.
As per first statute of IIEST, Shibpur it reflects that "...Employees recruited on or after 1st January, 2004 and before 4th March, 2014 who opt for Central Government administered Pension Scheme shall be governed by the New Pension Scheme and if they opt for the State Government Pension Scheme shall be governed by the said provisions; and....."
Some employees has retired from this Institution who joined after 01.01.2004 in BESU, Shibpur which was absorbed as a Central Funded Technical Institution on 04.03.2014 are presently 50% of last Basic Pay drawn at last month of retirement. But they not receiving any Dearness Allowances.
I need your legal opinion that which Dearness Relief would have to provide them Central Govt. Dearness Relief or West Bengal Govt. Dearness Relief. As the all employees are converted to central Govt. in nature. Before retirement they enjoyed all benefits, like LTC, Dearness Allowances, Medical Facilities, Holidays as per Central Govt. Rule. Then why are they can’t eligible to get Dearness Relief of Central Govt.?
For this situation they are not able to get Gratuity and Leave encashment in proper way. Please suggest what to do now?