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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Saurabh Shyam Shamshery,J.
Priyankar Upadhyaya – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. retired employees of banaras hindu university under cpf scheme. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by petitioners regarding option to switch schemes. (Para 7 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 19 , 20) |
| 3. court's observations on the applicability of previous judgments. (Para 8 , 18 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 31) |
| 4. judgment in university of delhi vs. smt. shashi kiran is applicable. (Para 21 , 30) |
| 5. final decision on the writ petitions. (Para 32) |
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. Petitioners, in above referred writ petitions, are retired teaching and non-teaching employees of Banaras Hindu University and they are beneficiaries of Contributory Provident Fund Scheme (hereinafter referred to as “CPF Scheme”).
2. Government of India has issued an Office Memorandum dated 01.05.1987 on a subject “Change over of the Central Government employees from the Contributory Provident Fund Scheme to Pension Scheme-Implementation of the commendations of the Fourth Central Pay Commission”. Salient features of said Office Memorandum are reproduced hereinafter:
“The undersigned is directed to state that the Central Government employees who
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 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 court held that the option to switch from CPF to Pension Scheme was valid only if exercised before the cut-off date, and prior adjudications on similar claims remain binding.
Employees have the right to switch from CPF to GPF cum Pension Scheme if they applied before retirement, as established by precedent.
Under Odisha University Statute 289, failure to opt within stipulated time leads to automatic selection of Pension Scheme, overriding previous choices.
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....
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