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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Simanchal Rath – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of petitioner's writ application (Para 1 , 2) |
| 2. arguments for cpf vs. pension scheme (Para 3 , 4 , 5 , 6 , 8 , 9) |
| 3. clarification on statute applicability (Para 10 , 11 , 12 , 13) |
| 4. petitioner's non-exercise of option (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 5. judicial precedents cited (Para 20 , 21 , 22 , 23) |
| 6. application of deeming provisions (Para 24 , 25) |
| 7. conclusive order and directions (Para 26 , 27) |
JUDGMENT :
A.K. Mohapatra, J.
1. Heard Mr. S. Senapati, learned counsel for the Petitioner as well as Mr. S. Das, learned Addl. Government Advocate for the State-Opposite Parties and Mr. A.R. Mishra, learned counsel for the O.P. Nos.3 & 4. Perused the pleadings of the parties as well as documents annexed thereto.
2. The present writ application has been filed by the petitioner with the following prayer:-
“It is, therefore, humbly prayed that this Hon’ble Court may graciously be pleased to issue Rule NISI calling upon the Opp. Parties to show cause as to why appropriate writ/writs shall not be issued directing them to allow the petitioner to change his option from CPF to Pension Scheme in view of the Statute-289 and the Syndicate decision dtd.30.08.1997 and The
Under Odisha University Statute 289, failure to opt within stipulated time leads to automatic selection of Pension Scheme, overriding previous choices.
The court affirmed that failure to exercise the option to switch from CPF to GPF within stipulated timelines renders later requests invalid, underlining the importance of adherence to administrative ....
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....
Failure to opt for the Contributory Provident Fund by the cut-off date leads to automatic inclusion in the Pension Scheme, creating a legal fiction preventing claims against this transition.
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
Options exercised after the cut-off date for switching from CPF to GPF-cum-Pension Scheme are non-est, and the university's authority to set the cut-off date is valid.
An employee's voluntary choice of a Provident Fund scheme is irrevocable, and one cannot seek later changes after long acquiescence, reaffirmed by binding precedent.
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