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R. N. MANJULA
V. Thanikachalam – Appellant
Versus
Union of India, Represented by the Secretary to the Government, New Delhi – Respondent
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the 3rd respondent in Ref:Estt/VT/Pension/20-21 dated 24.11.2020 quash the same and direct the respondents to grant the petitioner benefits under the General Provident Fund-cum-Pension-cum Gratuity Scheme with interest from 01.10.2011.)
1. Heard M/s. V.S. Manimekalai, learned counsel for the petitioner and Mr. S. Janarthanam, learned Standing Panel Counsel for the 1st respondent and Mr. A.R.L. Sundaresan, learned Additional Solicitor General of India for the respondents 2 and 3 and perused the materials available on record.
2. The petitioner has joined the National Institute of Technical Teachers' Training Institute [NITTTR], Taramani, in Civil Engineering on 31.03.1976 and in the year 1978, he was relieved from NITTTR and joined the Regional Engineering College, Trichy, as an Assistant Professor in Civil Engineering. The petitioner again joined the NITTTR as Assistant Professor on 01.03.1979. After joining as Assistant Professor, he submitted a Letter dated 14.03.1979, subscribing to
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
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....
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....
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.
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 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....
The main legal point established in the judgment is that the option to change the pension scheme should be exercised within the specified time frame, and the decision of the university to reject the ....
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