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Krishna Narayana Iyer – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :-
1. Retired employees, two in number, of the teaching staff in the Saurashtra University have prayed for the following reliesfs:
"B. This Hon'ble Court may be pleased to quash and set aside the respondent's action and inaction in not considering the case of the petitioner for pension by passing appropriate orders declaring him to be entitled to receive pension and further be pleased to declare that the petitioner's recruitment and appointment as Professor with effect from 15.06.1987 is fresh recruitment and therefore, he is entitled to pension as per the provisions of G.R. dated 15.10.1984 and further be pleased to direct the respondent to grant pension to the petitioner forthwith by considering the service rendered by him by issuing writ in the nature of mandamus or certiorari or any other appropriate writ, order or direction so deemed fit and proper;
C. This Hon'ble Court may be pleased to direct the respondent authorities to give benefits of GPF scheme by transferring account of the petitioner to GPF and further to give ben
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
The central legal point established in the judgment is the interpretation of the eligibility criteria of the pension scheme for non-teaching staff under the Government Resolution dated 14.09.1988, an....
Pension scheme - Deduction of monthly salary - since the Petitioner No. 1 had been appointed prior to 1st November, 2005 and occupied a part time fully aided post i.e. receiving 100% grant-in-aid fro....
The main legal point established in the judgment is that the option to change the pension scheme should be exercised within the specified time frame, and the decision of the university to reject the ....
The court established that once an employee opts for the CPF scheme, that choice is irrevocable, barring any future claims for pension benefits under the Pension Scheme.
Vested rights cannot be retroactively revoked by legislative amendments unless explicitly stated, ensuring protection under Articles 14 and 16 of the Constitution.
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....
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