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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Aparesh Kumar Singh, G.M.Mohiuddin
Tangirala Sreedevi – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal's dismissal of application (Para 1 , 3) |
| 2. petitioner's claims based on delhi high court precedent (Para 4 , 10) |
| 3. importance of conscious choice and delay (Para 5 , 6 , 7 , 8) |
| 4. finality of option and uniqueness of claims (Para 9 , 11) |
| 5. dismissal of writ petition with no costs (Para 12 , 13) |
ORDER :
This Writ Petition assails the order dated 12.02.2024 passed by the Central Administrative Tribunal (CAT), Hyderabad, in O.A.No.21/1485/2015, whereby the Tribunal dismissed the Original Application filed by the late husband of the petitioner. The husband of the petitioner had filed the subject O.A. seeking a direction to the respondents to grant him one more opportunity to switch over from the Contributory Provident Fund (CPF) Scheme to the General Provident Fund-cum-Pension (GPF-cum-Pension) Scheme.
2. Heard Sri T.P.Acharya, learned counsel for the petitioner; Sri A.Kranti Kumar Reddy, learned counsel for respondent Nos.1 to 3 and Sri Ajay Kumar Kulkarni and learned counsel for respondent No.4.
Factual Matrix (in brief)
3. The factual background, necessary for the adjudication of the present writ petition, is as follows:
i) Late T. Vijaya Kumar (husb
Finality of an exercised option in pension schemes prevents subsequent claims for change after significant delay, reinforcing estoppel and laches principles.
The court affirmed that employees must timely exercise options for scheme conversion; delay undermines claims, reinforcing the doctrine of laches.
Employees must exercise timely options under service schemes; belated attempts to claim benefits not sustainable due to principles of delay and laches.
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....
An employee's voluntary choice of a Provident Fund scheme is irrevocable, and one cannot seek later changes after long acquiescence, reaffirmed by binding precedent.
A conscious choice made by an employee to remain in a provident fund scheme cannot be rescinded decades later, especially when supported by contemporaneous evidence and the principle of estoppel appl....
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