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.

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-respondent made a representation before the concerned competent authority seeking conversion from CPF to GPF-cum-Pension Scheme in view of the DOPT letter dated 04.01.1987/01.05.1987 issued by the Ministry of Personnel, Public Grievances and Pensions, Government of India whereby it has categorically been mentioned that all CPF beneficiaries, who were in service on 01.01.1986 and who are still in service on the date of issue of these orders, would be deemed to have come over to the pension scheme. It is the case of the original applicant-respondent that the KVS has arbitrarily recommended the case for conversion of CPF to GPF-cum-Pension Scheme for direct recruits, who joined Kendriya Vidyalaya Sangathan between 01.01.1986 to 31.12.2003, leaving behind the direct recruits like the present applicant who have joined the service prior to 01.01.1986. The aforesaid action of the concerned authorities is without any proper justification for choosing specific time frame.

It is the case of the original applicant-respondent that the KVS is an autonomous body fully financed by the Central Government, Ministry of Human Resources Department and Central Government Rules are applicable to it, like CCS-CCA, Fundamental Rules, General Fundamental Rules, LTC Rules, etc. which are at par with the Central Government Employees and, as such, the KVS decided to implement the decision taken by the Government of India on the basis of the recommendations of 4th Central Pay Commission for KVS employees for change of CPF to Pension Scheme in the manner indicated in DOPT letter dated 01.05.1987.

The grievance of the respondent is that the KVS acted completely against the objectives of the DOPT letter dated 01.05.1987 by taking the ground that the option was offered to switch over from CPF to GPF-cum-Pension Scheme vide letter dated 01.09.1988 but this letter was not the option for the pension Scheme, rather it was for continuation of CPF and no circular was shown/given to the employees including the present respondent, which is against the rules of natural justice.

It is the case of the respondent that there was provision in the DOPT letter dated 01.05.1987 that if option of CPF was not exercised, then automatically, such employees would be deemed to have come to Pension Scheme. Thus, it is a clear cut case of concealment of facts from the employees and this way the employees were deprived their last opportunity to continue in CPF Scheme in a planned manner, by the KVS by acting against the main objectives of DOPT letter dated 01.05.1987.

On the other hand, the case of the writ petitioners is that the KVS is an autonomous organization registered under the Societies Registration Act XXI of 1960 and fully financed by the Ministry of HRD, Government of India with the object to develop the Vidya