VAIBHAVI D. NANAVATI
Reena Ravinder Sabarwal – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. procedure for addressing applications for conversion of cpf to gpf. (Para 1 , 2 , 3) |
| 2. petitioner's service details and the request for pension benefits under the law. (Para 4 , 5 , 6) |
| 3. the authority's obligations regarding the petitioner's requests. (Para 7 , 8) |
| 4. judicial considerations regarding delay not precluding entitlement to pension. (Para 9 , 10) |
| 5. final directives regarding actions the authorities must undertake. (Para 11 , 12 , 13) |
| 6. judgment reflects on similar cases and resulting obligations. (Para 14 , 16 , 17) |
| 7. final ruling and orders issued by the court. (Para 18) |
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 Co
Asger Ibrahim Amin vs. Life Corporation of India
D.S Nakara vs. Union of India reported in (1983) 1 SCC 305
Deokinandan Prasad vs. State of Bihar reported in (1971) 2 SCC 330
K. Narayan vs. State of Karnataka reported in AIR 1994 SC 55
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Union of India and Ors. v. D.R.R. Sastri
Union of India and Others v. S.L. Verma and Others reported in 2007 (112) FLR 697
Union of India vs. Bharat Vijay Mills Co.Ltd.
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
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....
Employees must exercise timely options under service schemes; belated attempts to claim benefits not sustainable due to principles of delay and laches.
The court affirmed that employees must timely exercise options for scheme conversion; delay undermines claims, reinforcing the doctrine of laches.
The court affirmed that failure to exercise the option to switch from CPF to GPF within stipulated timelines renders later requests invalid, underlining the importance of adherence to administrative ....
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....
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