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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Ganesh Lal Kumhar S/o Shri Kalu Ji Kumhar – Appellant
Versus
Rajasthan State Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner challenges discrimination in pension scheme. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner denied gpf benefits post-retirement despite prior treatment. (Para 7 , 8 , 9) |
| 3. identical legal issues present in the petitions. (Para 10 , 11 , 12) |
| 4. statutory regulations favor gpf inclusion for petitioners. (Para 13 , 14 , 15 , 16) |
| 5. respondents' actions against principles of estoppel, fairness. (Para 17 , 18 , 19 , 20 , 21) |
| 6. financial harm due to denial of pension is unjust. (Para 22) |
| 7. petitioners are entitled to gpf and pension benefits. (Para 23 , 24) |
ORDER :
1. By way of filing the instant writ petition under Article 226 of the Constitution of India, the petitioner is aggrieved by the illegal and arbitrary impugned order dated 29.06.2016, whereby the respondents have wrongly sought to discontinue the petitioner from the GPF-cum-pension scheme. The petitioner seeks quashing of the said order and a direction to the respondents to continue to treat the petitioner under the GPF and pension scheme, to release all retiral benefits accordingly, and to forthwith issue/allot a GPF number to the petitioner, along with such other reliefs as may be deemed just and proper
Petitioners are entitled to GPF benefits due to consistent administrative recognition and statutory deeming provisions, while the unilateral retrospective alteration of employment terms is impermissi....
An employee's voluntary choice of a Provident Fund scheme is irrevocable, and one cannot seek later changes after long acquiescence, reaffirmed by binding precedent.
The lack of timely exercise of option prevents automatic conversion from CPF to GPF-cum-Pension Scheme, reaffirming the need for adherence to procedural requirements in service jurisprudence.
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....
Employees have the right to switch from CPF to GPF cum Pension Scheme if they applied before retirement, as established by precedent.
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.
Belated post-retirement claim for switching from CPF to pension scheme rejected due to inordinate delay, laches, estoppel, and secondary evidence proving voluntary CPF continuance despite missing ori....
The court affirmed that employees must timely exercise options for scheme conversion; delay undermines claims, reinforcing the doctrine of laches.
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