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UNITA AGARWAL, N. V. ANJARIA
Vinod N. Joshi S/o Natwarlal Joshi – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
UNITA AGARWAL, J.
1. Heard Ms. Harshal N. Pandya, learned counsel for the appellant, Mr. Jinesh H. Kapadia, learned counsel for the respondent Institution, as also Ms. Shruti Dhruve, learned Assistant Government Pleader for respondent-State.
2. This Letters Patent Appeal arises out of the judgment and order dated 12.10.2022 passed by the learned Single Judge in Special Civil Application No. 4473 of 2011, wherein a categorical finding has been returned that the petitioner-appellant herein, who was in-charge principal of the institution concerned, was never a member of CPF scheme, which is one of the pre-conditions for grant of benefits of the Government Resolution dated 5.2.1980.
3. Clauses 1 and 2 of the Government Resolution dated 5.2.1980 have been extracted in the judgment impugned which are to be noted hereunder:
2. If the employees of the recognized non-granted secondary schools ha
Non-fulfillment of conditions under the Government Resolution dated 5.2.1980, specifically related to the CPF scheme membership and employer's contribution, led to the dismissal of the appeal.
Fraud vitiates entitlement to pensionary benefits under the Government Resolution dated 05.02.1980.
The legal fiction created by the Office Memorandum automatically migrated existing employees to the GPF scheme, and the burden was on the employee to exercise the option to remain under the CPF schem....
Circumstantial evidence of CPF account, deductions, and acceptance without protest proves option retention despite no original form; acquiescence bars switch to pension scheme post-retirement.
Employees cannot switch pension schemes post-retirement if their historical choices contradict current claims, and procedural lapses invalidate their appeals.
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
Interpretation of circulars and resolutions related to GPF and the continuity of GPF benefit upon transition from Ad-Hoc to regular employee.
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