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RAI CHATTOPADHYAY
Ajoy Kumar Rej – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Rai Chattopadhyay, J.) :
1) This writ petition is to challenge the inaction on the part of respondents No. 4 and 5/the Indian Institute of Management at Joka, Calcutta, to allow the writ petitioners the benefit of changeover to the Pension Scheme with effect from 1st May, 1987. The writ petitioners have prayed for a writ of mandamus to be issued upon the said respondents treating the petitioners having been changed over to the Pension Scheme with effect from 1st May 1997; also that a writ of mandamus be issued commanding them to forebear from treating the petitioners as that the Contributory Provident Fund Scheme (in short CPF) members.
2) Let the factual background of the case be narrated in a nutshell.
3) A total of 58 petitioners have filed the present case. All of them have been employees of the respondents No. 4 and 5 and retired on various dates since after 2017. The Central Government Rules and the Central Civil Services (Pension) Rules 1972, govern the service conditions of the writ petitioners. In case of the petitioners, a revision in service conditions was affected pursuant to the 4th Central Pay Commission recommendations, with effect from 1st January, 1986,
Failure to opt for the Contributory Provident Fund by the cut-off date leads to automatic inclusion in the Pension Scheme, creating a legal fiction preventing claims against this transition.
The court affirmed that failure to exercise the option to switch from CPF to GPF within stipulated timelines renders later requests invalid, underlining the importance of adherence to administrative ....
The main legal point established in the judgment is that the failure to exercise the option to join a Pension Scheme, despite multiple opportunities, constitutes waiver of the right to claim benefits....
Employees have the right to switch from CPF to GPF cum Pension Scheme if they applied before retirement, as established by precedent.
The transition from Contributory Provident Fund to Pension Scheme is automatic for those who did not exercise their option, ensuring deemed pensioner status for eligible employees.
The court held that the option to switch from CPF to Pension Scheme was valid only if exercised before the cut-off date, and prior adjudications on similar claims remain binding.
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
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