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IN THE HIGH COURT AT CALCUTTA
AMRITA SINHA
Samir Bhowmik – Appellant
Versus
Union of India – Respondent
Judgment :
Amrita Sinha, J.
1. The order dated 2nd May, 2025, passed by the Executive Director, Damodar Valley Corporation (hereinafter referred to as ‘DVC’) rejecting the prayer of the petitioners to switch over from the Contributory Provident Fund Scheme (hereinafter referred to as ‘CPF’) to the General Provident Fund Scheme (hereinafter referred to as ‘GPF’) is impugned in the instant writ petition.
2. The petitioners are all retired employees of DVC. Their date of retirement ranges between 2008 and 2020. During their service tenure all the employees of DVC were given opportunity to exercise their option, either to continue with CPF or to switch over to GPF scheme. The petitioners did not exercise their option to join the GPF scheme. After their superannuation they received all the terminal dues as per their choice. No objection was raised by any of the petitioners alleging that the terminal dues which they received were not in accordance with the option exercised by them.
3. On 22nd October, 2020, DVC published an Office Memorandum seeking option from the existing employees of DVC for conversion from CPF to GPF scheme. The last date for exercising option in terms of the aforesaid m
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.
Employees have the right to switch from CPF to GPF cum Pension Scheme if they applied before retirement, as established by precedent.
Employee opting for CPF can switch to GPF-Pension post-retirement on parity grounds despite 'irrevocable' option; denial discriminatory if others similarly situated benefited; limitation no bar for w....
The main legal point established in the judgment is that the failure to exercise the option to join a Pension Scheme, despite multiple opportunities, constitutes waiver of the right to claim benefits....
Employee opting for CPF can switch to GPF-cum-Pension Scheme post-cut-off on parity grounds, as pension is beneficial welfare measure; limitation, delay not bars despite superannuation.
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....
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.
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