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2016 Supreme(P&H) 1320

AJAY KUMAR MITTAL, RAMENDRA JAIN
Kamaljit Hunjan – Appellant
Versus
Commissioner, Kendriya Vidyalaya Sangathan, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Arun Sharma

JUDGMENT :

Ajay Kumar Mittal, J.

1. By way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to convert her Contributory Provident Fund (CPF) into General Provident Fund (GPF) account under the memorandum dated 1.5.1987 (Annexure P-3) issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners' Welfare Office promulgated vide Kendriya Vidyalaya Sangathan (KVS), New Delhi memorandum dated 1.9.1988 permitting its employees to change over from the CPF to GPF Scheme.

2. A few facts necessary for adjudication of the instant writ petition as narrated therein may be noticed. The petitioner is working as a Primary Teacher in KVS, Sector 31, Chandigarh since June 25, 2014. She is on the rolls of KVS as a Permanent Primary Teacher since August 22, 1984 and was governed by CPF. Under the authority of Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners' Welfare Office memorandum dated 1.5.1987 (Annexure P-3), the KVS vide its office memorandum dated 1.9.1988 permitted its employees to








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