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 cut-off dates.

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. Petitioners (3 in numbers) are aggrieved that their applications to allow them to switch-over from Contributory Provident Fund Scheme (for short “CPF”) to General Provident Fund-cum-Pension Scheme (for short “GPF”) were rejected vide order dated 16.09.2021.

2. The petitioners – 1, 2 and 3 have worked as Teacher (Mechanic-B), Instrumentation Engineer (Chemical Engineering) and Teacher respectively in Indian Institute of Technology, Kanpur.

3. In the impugned order, there are reference of as many as 11 letters/communications whereby earlier also, aforesaid claim of petitioners was rejected and by way of amendment sought in this writ petition, all letters/communications are also challenged.

4. Before considering rival submissions, few facts which would be relevant are mentioned below :-

“a. The Government of India has issued an Office Memorandum dated 01.05.1987 on a subject “Change over of the Central Government employees from the Contributory Provident Fund Scheme to Pension Scheme-Implementation of the commendations of the Fourth Central Pay Commission. Salient features of said Office Memorandum are reproduced hereinafter:

1. The undersigned is directed to state that the Central Government employees who are governed by the Contributory Provident Fund Scheme (CPF Scheme) have been given repeated options in the past to come over to the Pension Scheme. The last such option was given in the Department of Personnel and Training O.M. No. F3(1)-Pension unit/85 dated the 6th June, 1985. However, some Central Government employees still continue under the CPF Scheme. The Fourth Central Pay Commission has now recommended that all CPF beneficiaries in service on January 1, 1986, should be deemed to have come over to the Pension Scheme on that date unless they specifically opt out to continue under the CPF Scheme.

2. After careful consideration the President is pleased to decide that the said recommendation shall be accepted and implemented in the manner hereinafter indicated.

3. All CPF beneficiaries, who were in service on 1.1.1986 and who are still in service on the date of issue of these orders will be deemed to have come over to the Pension Scheme.

3.2. The employees of the category mentioned above will, however, have an option to continue under the CPF Scheme, if they so desire. The option will have to be exercised and conveyed to the concerned Head of Office by 30.09.1987 in the form enclosed if the employees wish to continue under the CPF Scheme. If no option is received by the Head of Office by the above date the employees will be deemed to have come over to the Pension Scheme.

3.3. The CPF beneficiaries, who were in service on 1.1.1986, but have since retired and in whose case retirement benefits have also been paid under the CPF Scheme, will have an option to have their retirement benefits calculated under the Pension Scheme provided they refund to the Government, the Government contribution to the Contributory Provident Fund and the interest thereon, drawn by them at the time of settlement of the CPF Account. Such option shall be exercised latest by 30.09.1987.

3.4. In the case of CPF beneficiaries, who were in service on 1.1.1986 but have since retired, and in whose case the CPF Account has not already been paid, will be allowed retirement benefits as if they were borne on pensionable establishments unless they specifically opt by 30.09.1987 to have their retirement benefits settled under the CPF Scheme.

3.5 in the case of CPF beneficiaries, w