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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Arvind Kumar Agrawal – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Independent of any matter sub-judice in any Court of law, respondent No.1 took a decision to extend old GPF-cum-Pension & Gratuity Scheme and pensionary benefits as per the CCS (Pension) Rules, 1972 to the 10 employees of respondent No.2-University. These 10 employees were in government service prior to their joining respondent No.2-University and were governed by the CCS (Pension) Rules, 1972/Old GPF-cum-Pension & Gratuity Scheme in their parent departments. They had joined respondent No.2-University after tendering technical resignations from their respective departments. Petitioner is one of these 10 employees. Respondent No.2-University, however, has declined to extend the benefit of respondent No.1’s afore-decision to the petitioner, hence, the dispute.
2. From the pleadings and submissions of the parties, following facts emerge:-
2(i). Petitioner was working as Professor in the Department of Sociology in the University of Rajasthan, Jaipur, when respondent No.2-Central University of Himachal Pradesh, Dharamshala advertised several posts of Professors on its establishment including a post of Professor in Social Work. While serving the University of
The court ruled that the petitioner was entitled to pensionary benefits under the CCS (Pension) Rules, 1972, as the decision to extend benefits to similarly situated employees constituted a fresh cau....
The court held that the option to switch from CPF to Pension Scheme was valid only if exercised before the cut-off date, and prior adjudications on similar claims remain binding.
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
Employees have the right to switch from CPF to GPF cum Pension Scheme if they applied before retirement, as established by precedent.
The National Pension Scheme governs pension benefits for employees of the Central University, excluding prior service under the 1972 Rules.
Sympathies cannot override the Rules and Regulations.
The petitioner, governed by the National Pension Scheme, cannot claim pension benefits under the CCS (Pension) Rules, 1972, as they do not apply to employees of the Central University.
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