Pension rights cannot be denied based on belated option exercise when similarly situated employees are allowed to switch, affirming equality before the law under Article 14.

ORDER :

V. LAKSHMINARAYANAN, J.

Since the issue raised in all writ petitions are common, we clubbed the writ petitions together and heard the counsel.

2. For the sake of convenience, the parties shall be referred to as Writ Petitioners/employers and respondents/employees.

3. Indira Gandhi Centre for Atomic Research (hereinafter referred to as ‘IGCAR’), Kalpakkam. Chennai has four categories of employees. They are

(i) Scientific;

(ii) Technical;

(iii) Auxiliary; and

(iv) Administration

4. As per the Office Memorandum dated 17.04.1964 and17.01.1967, technical employees were covered under the pension scheme. On confirmation, they were entitled to exercise an option either to be retained in the Contributory Provident Fund (hereinafter referred to as ‘CPF’) scheme or to switch over to the Pension Scheme (hereinafter referred to as ‘GPF’). In terms of the then prevailing office memorandum, if no specific option was submitted by the technical employees, they were deemed to have opted for GPF pension scheme. Applicants before the Tribunal had opted to be covered under the CPF Scheme..

5. The employer issued another Office Memorandum on12.10.1992 permitting one more option to switch over be exercised by the technical employees, provided, they had not completed 20 years of service as on 01.08.1992. Subsequently, another Office Memorandum was issued on 23.07.1996. In terms of this Office Memorandum, the employer informed all the technical employees, who had exercised their option at the time of confirmation of their service, that they can opt again whether to switch over from GPF to CPF scheme. The said Office Memorandum is extracted as hereunder:

“The undersigned is directed to refer to this Department’s OM.. dated 12.10.1992 on the subject mentioned above and to say that the Scheme of Pensionary/Terminal benefits for the Scientific and Technical Personnel hereinafter referred to as S&T Personnel, working in the Department of Electronics, Department of Atomic Energy and Department of Space has been further reviewed by the Government in consultation with the several Departments. As a result of the review, it has been decided to mentioned Status Quo ante, as prevailing prior to the issue of above mentioned orders, in respect of the pensionary/terminal benefits admissible to Scientific and Technical personnel in the 3 Departments who were in service as on 01.08.1992. They will continue to be governed in the matter of their pensionary/Terminal benefits by the orders issued by the respective Departments from time to time.

2.In the case of S&T Personnel in the 3 Departments who joined service on or after 01.08.1992, it has been decided to follow the uniform policy as enumerated below:

i) All S&T Personnel Joining Department of Atomic Energy, Department of Space and Department of Electronics and such other Scientific Departments as have adopted the system prevailing in the Department of Atomic Energy will initially be appointed in CPF Scheme.

ii) The S&T Personnel will have one option to be exercised any time but not later than completion of 20 years qualifying service to switch-over from CPF to Pension Scheme or to retain the CPF Scheme as they may wish.

iii) Those who do not exercise any option within the specified period will be deemed to have opted for switch over to Pension Scheme.

iv) The option once exercised will be final. Thus changeover from Pension Scheme to CPF Scheme is not permitted.

3.