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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, CJ., G.M. MOHIUDDIN
T.Girija Manik – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. background of pension and cpf scheme options. (Para 1 , 3) |
| 2. petitioner's claim for pension scheme based on deeming provision. (Para 4) |
| 3. analysis of conscious choice and estoppel. (Para 5 , 6 , 7) |
| 4. distinguishing the madras high court's judgment. (Para 8) |
| 5. court's upholding of the tribunal's decision. (Para 9 , 10) |
| 6. writ petition dismissed. (Para 11) |
ORDER:
This Writ Petition assails the order dated 12.06.2025 passed by the Central Administrative Tribunal (for short ‘CAT’), Hyderabad, in O.A.No.21/1485/2015, whereby the Tribunal dismissed the Original Application (for short ‘O.A’) filed by the petitioner. The petitioner had filed the subject O.A. seeking a direction to be covered under the pension scheme instead of Contributory Provident Fund (CPF) Scheme, contending that under the Office Memorandum (O.M) dated 01.05.1987 she was deemed to have come over/switched to the pension scheme as per 4th Central Pay Commission (CPC) recommendations, as she never exercised any option to remain in CPF before 30.09.1987.
2. Heard Sri K.Ram Murthy, learned counsel for the petitioner; Sri B.Narasimha Sharma, learned Additional Solicitor General of India on behalf of Sri N Bhu
A conscious choice made by an employee to remain in a provident fund scheme cannot be rescinded decades later, especially when supported by contemporaneous evidence and the principle of estoppel appl....
Finality of an exercised option in pension schemes prevents subsequent claims for change after significant delay, reinforcing estoppel and laches principles.
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.
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.
The transition from Contributory Provident Fund to Pension Scheme is automatic for those who did not exercise their option, ensuring deemed pensioner status for eligible employees.
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