The court established that employees not exercising their option to remain under the CPF Scheme are deemed to have switched to the GPF-cum-Pension Scheme as per the Office Memorandum, regardless of subsequent contributions.

JUDGMENT :

SHALINDER KAUR, J.

1. The present batch of Writ Petitions under Article 226 of the Constitution of India, have been filed to assail the final Orders passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, 'Tribunal'), either allowing or dismissing the Original Applications ('OA') filed by the employees of the Kendriya Vidyalaya Sangathan ('KVS') seeking grant of the benefits under the General Provident Fund ('GPF')-cum-Pension Scheme of the KVS.

2. At the outset, we may note that the batch of petitions involve similar issues of law and arise from a common bundle of facts, though the dates of joining, retirement and nature of appointment are different, therefore, it is deemed appropriate to adjudicate them vide this common Judgment.

FACTUAL BACKGROUND

3. The brief factual matrix, so far as is relevant to the present petitions, is that pursuant to the recommendations of the Fourth Central Pay Commission (CPC), Office Memorandum dated 01.05.1987 was issued by the Ministry of Personnel, Public Grievance and Pension, Department of Pensions and Pensioners' Welfare, for switch-over of employees from the Contributory Provident Fund ('CPF') Scheme to the Pension Scheme, according to which all CPF beneficiaries who were in service of the Central Government on 01.01.1986 and continue to remain in service, were deemed to have come over to the Pension Scheme unless, on or before 30.09.1987, they specifically opted to continue under the CPF Scheme. It was further stipulated that the CPF beneficiaries, who were in service on 01.01.1986 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 opt for the same latest by 30.09.1987 and refund to the Government, the Government contribution to the Contributory Provident Fund and the interest thereon, drawn by them at the time of settlement of the CPF Account. It was stipulated that the option once exercised, shall be final. The relevant extract from the said OM is as under:

“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 30.09.1987 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 Government, the Government contribution to the Contributory Provident Fund and the interest thereon, drawn by them at the time of settlement of the CPF Account. Such option shall be exercised latest by 30.09.1987.

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3.6 The option once exercised shall be final.

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4.2 In the case of employees referred to above, who come over or are deemed to come over to the Pension Scheme, the Government's contribution to the CPF together with the interest thereon credited to the CPF Account of the employee will be resumed by the Government. The employees contribution together with the interest thereon at his credit in the CPF Account will be transferred to the GPF Account to be allotted to him on his coming over to the Pension Scheme.”

4. The KVS adopted the said OM dated 01.05.1987 vide OM No. 152-1/79-80/KVS/Budget/Part II dated 01.09.1988 and decided to implement it mutatis mutandis, except that the date of giving the option was stipulated as 31