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RAVI RANJAN, SUJIT NARAYAN PRASAD
Union of India – Appellant
Versus
Priyabrat Singh, son of Late Mahadeo Singh – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
The instant writ petition is under Article 226 of the Constitution of India wherein the order dated 19th September, 2019 passed by Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi) in O.A. No.051/00132/2019 has been questioned by which the order as contained in letter No.1521 dated 08.10.2015 has been quashed and set aside holding it contrary to the decision of the Department of Personnel and Training as contained in DOPT No.4/1/87 dated 01.05.1987 issued by the Ministry of Personnel, Public Grievance and Pensions, Government of India wherein it has categorically been mentioned that all CPF beneficiaries, who were in service on 01.01.1986 and who were still in service on the date of issue of these orders would be deemed to have come over to the Pension Scheme.
2. The brief facts of the case, as per the pleadings, which are required to be enumerated herein, read as under :-
The original applicant-respondent claims to be working as PGT Chemistry in Kendriya Vidyalaya Sangathan (KVS), Hinoo, Doranda, Ranchi after having joined the service sometime in the year 1980 and was allotted CPF No.2932. The original applicant-responden
In the absence of a specific option, an employee cannot be deemed to have opted for a different pension scheme, as per relevant documents and legal precedents.
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.
Employee opting for CPF can switch to GPF-cum-Pension Scheme post-cut-off on parity grounds, as pension is beneficial welfare measure; limitation, delay not bars despite superannuation.
Employee opting for CPF can switch to GPF-Pension post-retirement on parity grounds despite 'irrevocable' option; denial discriminatory if others similarly situated benefited; limitation no bar for w....
Employees cannot switch pension schemes post-retirement if their historical choices contradict current claims, and procedural lapses invalidate their appeals.
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 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.
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