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ANITA SUMANTH, G. ARUL MURUGAN
Union of India, Rep. by its Secretary, Ministry of Education – Appellant
Versus
C. V. L. Annapurna – Respondent
ORDER :
(Anita Sumanth, J.)
(Prayer in W.P.No.20091 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certioari calling for the records from the file of the Hon’ble Administrative Tribunal, Madras Bench made in O.A.No.948 of 2022 dated 20.04.2023 and quash the same.)
(Prayer in W.P.No.22287 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certioari calling for the records from the file of the Hon’ble Administrative Tribunal, Madras Bench made in O.A.No.969 of 2022 dated 08.02.2023 and quash the same.)
(Prayer in W.P.No.11436 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certioari calling for the records of the 2 nd respondent (Hon’ble Administrative Tribunal, Madras Bench) culminating in the impugned order dated 03.02.2023 in O.A.No.825 of 2021 and quash the same.)
(Prayer in W.P.No.20854 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certioari calling for the records of the 2 nd respondent (Hon’ble Administrative Tribunal, Madras Bench) culminating in the impugned order
The court affirmed that teachers of Kendriya Vidyalaya Sangathan automatically transitioned to the GPF Scheme without exercising an option to remain in the CPF Scheme, as per the O.M. dated 01.09.198....
The transition from Contributory Provident Fund to Pension Scheme is automatic for those who did not exercise their option, ensuring deemed pensioner status for eligible employees.
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.
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....
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