Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.

JUDGMENT :

(Vaibhavi D. Nanavati, J.) :

1. Issue Rule, returnable forthwith. Ms. Suman Motla, learned Assistant Government Pleader waives service of notice of rule for and on behalf of the respondent Nos.1 and 2. Mr. Rutvij S. Oza, learned advocate waives service of notice of rule for and on behalf of the respondent No.3.

2. Heard Mr. Ravinder N. Sabarwal, learned party-in-person for the petitioner, Ms. Suman Motla, learned AGP appearing for the respondent Nos.1 and 2 and Mr. Rutvij S. Oza, learned advocate appearing for the respondent No.3.

3. The petitioner herein has approached this Court being aggrieved by the inaction on the part of the respondent No.2 in not deciding the application of the petitioner seeking conversion of Contributory Provident Fund (CPF) scheme to General Provident Fund (GPF) scheme and has prayed for the following reliefs:

“A) Be pleased to admit and allow this petition,

B) Be pleased to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate Writ, Direction or Order directing the Respondent No.2 to extend the option of conversion from C) P.F Scheme to G.P.F Scheme in accordance with law and on the ground of equity.

C) Be pleased to pass such other and further orders as may be deemed fit in the interest of justice.”

4. Brief facts leading to the filing of the present petition read thus:

4.1 The petitioner was discharging her duties as Laboratory Assistant in the respondent No.3 – College, serving since 05.11.1977 and came to be superannuated on 14.06.2019. At the time when the petitioner joined the service, the employees were governed by the CPF scheme. On 01.01.1972, the Government of Gujarat passed a Resolution sanctioning a family pension scheme for the Government of Gujarat employees; which was made applicable to all State Government’s regular employees whether temporary or permanent, who were in service as on 01.06.1971.

4.2 On 15.10.1984, the Government of Gujarat passed a resolution whereby, the said pension scheme was made available to the full time teaching staff of the University under the Education department and affiliated and aided non Government Arts, Science, Commerce and Education colleges in the State with effect from 01.04.1982.

4.3 On 14.09.1988, the Government of Gujarat passed a resolution whereby, the pension scheme was also made available to full time non teaching staff of the University under the Education department with effect from 01.04.1982. At the time when the said scheme was introduced, the benefits were not explained and conveyed in proper perspective to the petitioner and in view thereof, the petitioner continued in the CPF scheme. Having understood the benefits of the said scheme as well as the identically situated employees having granted conversion from CPF to GPF, the petitioner requested the respondent No.3 by representation dated 05.02.2018 to opt for the GPF scheme instead of the CPF scheme. The respondent No.3, in turn, by letter dated 07.02.2018 requested the respondent No.2 to do the needful for conversion from CPF scheme to GPF scheme.

4.4 The petitioner also preferred a representation to the respondent No.3 on 19.07.2018. Pursuant thereto, the respondent No.3 also requested the respondent No.2 by letter dated 20.07.2018 to convert the petitioner from CPF scheme to GPF scheme. The said representations appear to have been unanswered by the r