JUDGMENT

1. The petitioners who are the erstwhile and serving teachers in the Jawaharlal Nehru University[1] have petitioned this Court seeking the following reliefs:

1. Directing implementation of decision taken by the Respondent vide Executive Council Resolution date 19.7.1993 and the circular dated 26.7.1995 alongwith the recommendations of Nayak Committee to the effect that the petitioners be deemed to have switched over to GPF Pension scheme.

And in the alternative:-

Allow the petitioners to exercise their option as per Nayak Committee Recommendations and the Executive Council Resolution dated 29.11.2006 to remove the discrimination between the similarly situated teachers/employees

2. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

[1] JNU

2. The grievance which is voiced on the petition is a refusal on the part of JNU to permit them to change over to the General Provident Fund Cum Pension Scheme [2]. On 01 May 1987, the Union Government through its Ministry of Personnel, Public Grievances and Pensions issued an Office Memorandum [3] providing for existing and retired employees to change from the Contributory Provident Fund Scheme [4] to the GPF scheme. Since the case revolves around the provisions made in this O.M., the same is being extracted hereinunder:

OFFICE MEMORANDUM

Subject:

Change over of the Central Government employees from the Contributory Provident Fund Scheme to Pension Scheme - implementation of the recommendations of the Fourth Central Pay Commission.

The undersigned is directed to state that the Central Government employees who are governed by the Contributory Provident Fund Scheme (CPF Scheme) have been given repeated options in the past to come over to the Pension Scheme. The last such option was given in the Department of Personnel and Training O.M. No..F3(1)-Pension Unit/ 85 dated the 6th June, 1985. However, some Central Government employees still continue under the CPF Scheme. The Fourth Central Pay Commission has now recommended that all CPF beneficiaries in service on January 1, 1986, should be deemed to have come over to the Pension Scheme on that date unless they specifically opt out to continue under the CPF Scheme.

2. After careful consideration the President is pleased to decide that the said recommendation shall be accepted and implemented in the manner hereinafter indicated.

3. All CPF beneficiaries, who were in service on 1.1.1986 and who are still in service on the date of issue of these orders will be deemed to have come over to the Pension Scheme.

3.2 The employees of the category mentioned above will, however, have an option to continue under the CPF Scheme, if they so desire. The option will have to be exercised and conveyed to the concerned head of Office by 30.9.1987 in the form enclosed if the employees wish to continue under the CPF Scheme. If no option is received by the Head of Office by the above date the employees will be deemed to have come over to the Pension Scheme.

3.3 The CPF beneficiaries, who were in service on 1.1.1986, but have since retired and in whose case retirement benefits have also been paid under the CPF Scheme, will have an option to have their retirement benefits calculated under the Pension Scheme provided they refund to the Govern