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SAUMITRA DAYAL SINGH, RAJENDRA KUMAR-IV
Commissioner Kendriya Vidyalaya Sangathan – Appellant
Versus
Central Administrative Tribunal Bench – Respondent
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
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....
Circumstantial evidence of CPF account, deductions, and acceptance without protest proves option retention despite no original form; acquiescence bars switch to pension scheme post-retirement.
Belated post-retirement claim for switching from CPF to pension scheme rejected due to inordinate delay, laches, estoppel, and secondary evidence proving voluntary CPF continuance despite missing ori....
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 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.
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....
In the absence of a specific option, an employee cannot be deemed to have opted for a different pension scheme, as per relevant documents and legal precedents.
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