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AJIT KUMAR
Meenakshi Agarwal – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Hon'ble Ajit Kumar, J.
Heard Sri Ashish Mishra, learned counsel for the petitioners and Sri Bal Mukund, learned counsel appearing for all the respondents.
2. Petitioners before this Court are erstwhile faculty members of Kendriya Hindi Sansthan, Agra, a Central Government Organisation controlled and funded by it through its own sets of rules and by-laws framed with the approval of Government of India. While petitioner No. 1 had already retired by the time present petition was presented before this Court on 30.11.2015, the other two petitioners were working and ultimately retired on 30.6.2019, during pendency of the writ petition.
3. All the three petitioners claim a writ in the nature of mandamus to command the respondents including Union of India to award them benefit of the Old Pension Scheme popularly known as G.P.F. Scheme by permitting them to opt for G.P.F. cum Pension Scheme (In short G.P.F. Scheme) in view of the subsequent orders issued by the Delhi University with the consent of Central Government, to permit the employees having C.P.F. Scheme to switch over to G.P.F. Scheme as late as in the year 2003. During the pendency of this petition, a judgment of Supreme Cou
Employees have the right to switch from CPF to GPF cum Pension Scheme if they applied before retirement, as established by precedent.
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 ....
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.
Employees must exercise timely options under service schemes; belated attempts to claim benefits not sustainable due to principles of delay and laches.
The court affirmed that employees must timely exercise options for scheme conversion; delay undermines claims, reinforcing the doctrine of laches.
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
Employees who did not exercise the option were automatically covered under the default clause in the Pension Scheme, entitling them to be governed by the Pension Scheme with all consequential benefit....
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