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VIVEK RUSIA, RAJENDRA KUMAR VANI
Ram Dayal, S/o Late Shri Ganesh Ram – Appellant
Versus
Union Of India – Respondent
ORDER :
VIVEK RUSIA, J.
Vide order dt. 4-10-2023, learned counsel appearing for the respondents was directed to examine as to whether the controversy involved in this writ petition has been resolved by the judgment of the Hon’ble Supreme Court in the matter of University of Delhi vs. Smt. Shashi Kiran and others ETC, reported in (2022) 15 SCC 325.
2. Counsel appearing for the respondents submits that this matter is not covered by the aforesaid judgment as the University of Delhi granted various extensions to its staff for giving consent for shifting from CPF to GPF but in Kendriya Vidyalaya Sangathan no such extensions were granted. Learned counsel has made the statement on oral instructions.
3. Learned counsel for the petitioner submits that before the learned Tribunal the judgment passed in the case of University of Delhi (supra) was cited, but the learned Tribunal did not consider the same. Thereafter the issue has been settled and the similar petitions filed by the ex-employees of Kendriya Vidyalaya has been allowed by High Court of Judicature for Rajasthan Bench at Jaipur against which the SLP has been dismissed.
4. Facts of the case in short are as under :
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 ....
The judgment clarifies conditions under which employees may revert from the CPF to the GPF scheme, emphasizing reliance on relevant judicial precedents.
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 cannot switch pension schemes post-retirement if their historical choices contradict current claims, and procedural lapses invalidate their appeals.
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