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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Kendriya Vidyalaya Sangathan – Appellant
Versus
Manju Sahgel – Respondent
| Table of Content |
|---|
| 1. employment history and retirement details. (Para 2 , 3 , 4) |
| 2. contentions regarding cpf and gpf eligibility. (Para 5 , 7 , 9 , 10) |
| 3. court's interpretation of prior cases. (Para 6 , 8 , 13) |
| 4. limitations on matters post-retirement. (Para 11 , 12) |
| 5. ruling favoring the petitioner. (Para 14) |
JUDGMENT
Amit Bansal, J. Both the present writ petitions raise similar questions of fact and law and are therefore being disposed of together by this common judgment. The petitions assail orders passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi.
2. Writ Petition (Civil) 7712/2020 impugns the order dated 26th September, 2019 in OA No. 2743/2018; and Writ Petition (Civil) 9851/2020 impugns the order dated 28th February 2020 in OA No. 1398/2019. Vide both the impugned orders, the CAT allowed the OA filed by the respondents herein and have directed that the benefit of the GPF cum pension scheme be extended to them. Respondents were directed to refund the employers' contribution along with interest and any other funds received by them under Contributory Provident Fund (CPF) scheme, which are to be refunded as per the scheme of the respondent organizati
Employees cannot retroactively claim benefits under a pension scheme after delay and acknowledgment of enrollment in a previous scheme, despite direct recruitment post-policy implementation.
Service – Pension - In case of identically placed persons, the CAT was pleased to allow the OA and KVS was directed to extend the benefit of GPF cum pension scheme to the respondents keeping in view ....
Employee opting for CPF can switch to GPF-Pension post-retirement on parity grounds despite 'irrevocable' option; denial discriminatory if others similarly situated benefited; limitation no bar for w....
Employee opting for CPF can switch to GPF-cum-Pension Scheme post-cut-off on parity grounds, as pension is beneficial welfare measure; limitation, delay not bars despite superannuation.
Belated post-retirement claim for switching from CPF to pension scheme rejected due to inordinate delay, laches, estoppel, and secondary evidence proving voluntary CPF continuance despite missing ori....
The court affirmed that teachers of Kendriya Vidyalaya Sangathan automatically transitioned to the GPF Scheme without exercising an option to remain in the CPF Scheme, as per the O.M. dated 01.09.198....
The lack of timely exercise of option prevents automatic conversion from CPF to GPF-cum-Pension Scheme, reaffirming the need for adherence to procedural requirements in service jurisprudence.
Direct recruits post-1986 wrongly under CPF (non-operational) entitled to switch to GPF-pension with CPF recoupment.
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