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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, G.M.MOHIUDDIN
Y. Gangi Reddy – Appellant
Versus
Director General, National Institute of Rural Development and Panchayat Raj – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal's order on pension scheme eligibility. (Para 1 , 3 , 4) |
| 2. petitioner's claim based on alleged automatic eligibility for gpf-cum-pension. (Para 5 , 6 , 12 , 14) |
| 3. respondents argue validity of voluntary cpf scheme option. (Para 8 , 11 , 13 , 15) |
| 4. court's examination of service bye-laws and long acceptance of option. (Para 9 , 10 , 16 , 18) |
| 5. tribunal's decision affirmed; writ petition dismissed. (Para 21 , 22 , 23) |
ORDER :
1. This Writ Petition assails the order dated 20.02.2024 passed by the Central Administrative Tribunal (CAT), Hyderabad, in O.A.No.726 of 2017, 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 switch over from the Contributory Provident Fund (CPF) Scheme to the General Provident Fund-cum-Pension (for short, ‘GPF-cum-Pension’) Scheme after his retirement.
2. Heard Sri P.Venkatesh, learned counsel for the writ petitioner; Sri N.B.Sudarshan, learned counsel for respondent Nos.1 and 2 and Sri N.Bhujanga Rao, learned Deputy Solicitor General of India for respondent No.3. Perused the record.
Factual Matrix (in brief)
3
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.
The lack of timely exercise of option prevents automatic conversion from CPF to GPF-cum-Pension Scheme, reaffirming the need for adherence to procedural requirements in service jurisprudence.
Employees must exercise timely options under service schemes; belated attempts to claim benefits not sustainable due to principles of delay and laches.
The court affirmed that employees must timely exercise options for scheme conversion; delay undermines claims, reinforcing the doctrine of laches.
Finality of an exercised option in pension schemes prevents subsequent claims for change after significant delay, reinforcing estoppel and laches principles.
A conscious choice made by an employee to remain in a provident fund scheme cannot be rescinded decades later, especially when supported by contemporaneous evidence and the principle of estoppel appl....
Petitioners are entitled to GPF benefits due to consistent administrative recognition and statutory deeming provisions, while the unilateral retrospective alteration of employment terms is impermissi....
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