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HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Ram Swarup Rajput – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners' applications to switch from cpf to gpf were rejected. (Para 1 , 2 , 3 , 4 , 6) |
| 2. arguments focus on the adoption and application of the o.m. dated 01.05.1987. (Para 7 , 8 , 9 , 10) |
| 3. court analyzes the implications of adoption of pension schemes. (Para 12 , 16 , 20) |
| 4. the claim of petitioners 1 and 3 is rejected based on non-est argument. (Para 19 , 21) |
| 5. final decision allows petitioner's claim while rejecting others. (Para 23) |
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.
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 ....
Options exercised after the cut-off date for switching from CPF to GPF-cum-Pension Scheme are non-est, and the university's authority to set the cut-off date is valid.
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....
Employees have the right to switch from CPF to GPF cum Pension Scheme if they applied before retirement, as established by precedent.
Failure to opt for the Contributory Provident Fund by the cut-off date leads to automatic inclusion in the Pension Scheme, creating a legal fiction preventing claims against this transition.
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
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