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2023 Supreme(All) 1315

SAUMITRA DAYAL SINGH, RAJENDRA KUMAR-IV
Commissioner Kendriya Vidyalaya Sangathan – Appellant
Versus
Central Administrative Tribunal Bench – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Narendra Pratap Singh
For the Respondent: Rishabh Agarwal, Shivam Pandey, Vinod Kumar

JUDGMENT :

1. Heard Sri Narendra Pratap Singh, learned counsel for the petitioner; Sri Rishabh Agarwal, learned counsel for the respondents and perused the records.

2. Present writ petition has been filed by the Union of India against the order of the Central Administrative Tribunal, Allahabad Bench Allahabad, in Original Application No.330/203/2019, dated 17.05.2019, Jai Prakash Mishra versus Union of India and 4 others. By that order, the Tribunal has allowed that Original Application and declared the private respondent entitled to pension under GPF-cum-Pension scheme (hereinafter referred to as “the GPF scheme”) as against the CPF scheme to which the respondent had been held entitled to, by the petitioner Union of India.

3. The facts of the case fall within a very narrow compass. The petitioner was appointed on the post of Primary Teacher by the Kendriya Vidyalaya Sangathan (hereinafter referred to as “KVS”) on 03.10.1978. He retired on the post Trained Graduate Teacher (Biology), on 30.06.2012. At the time of his retirement the respondent was not granted benefit of the GPF scheme. He protested and made that claim. It was rejected by the order dated 11.06.2018.

That order became sub

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