Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 1037/2019 Reserved on : 01.08.2024 Pronounced on : 08.08.2024 Hon’ble Dr. Anand S. Khati, Member (A)

A.K. Shukla Aged 69 years, Group ‘A’

S/o Shri G.S. Shukla Retired as Principal from KVS R/o H.No. 177, Ambica Vihar Paschim Vihar, New Delhi-87.

... Applicant (By Advocate: Mr. Yogesh Sharma)

Versus

1. Kendriya Vidyalaya Sangathan Through the Commissioner

18, Institutional Area Shaheed Jeet Singh Marg New Delhi.

2. The Deputy Commissioner Kendriya Vidyalaya Sangathan Regional Office, SCO-72-73, Sector 31A Chandigarh-160030.

…Respondents (By Advocate: Mr. Ashish Yadav with Mr. Shubranshu Padhi)

O R D E R The instant O.A. has been filed by the applicant, who retired as Principal from the respondents – Kendriya Vidyalaya Sangathan (KVS), challenging the order dated 05.07.2018, whereby the respondents have directed him to refund the CPF amount along with interest while converting from CPF Scheme to GPF Scheme, whereas he has not been granted interest on delayed payment of pension. Feeling aggrieved, he has filed the instant O.A. seeking the following reliefs:

"(i) That the Hon'ble Tribunal may further graciously be pleased to pass an order of quashing the impugned orders dated 5.7.2018 and all other orders on the basis of which impugned order has been passed only to the extent of charging interest on the refund of management share of CPF amount from the applicant, declaring to the effect that the same is illegal and arbitrary and consequently pass an order directing the respondents to refund the interest amount to the applicants with interest at an early date.

(ii) Alternatively, in case of not granting the prayed relief (i), the Hon'ble Tribunal may further graciously be pleased to pass an order directing the respondents to grant the interest on the delayed payment of pension @ 18% PA from the date of retirement till the date of payment of pension at an early date.

(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant with the cost of litigation."

2. The factual matrix of the case is that the applicant was initially appointed in KVS as PGT (Maths) on 23.12.1982 and was subsequently appointed as Principal on direct recruitment basis w.e.f. 08.06.2000 and retired from the very post on 31.12.2009. As per the Govt. of India’s decisions, on fresh appointment as Principal, he was deemed to be governed by the GPF cum Pension Scheme, as after 01.01.1986 there was no CPF Scheme in existence, however, the respondents treated him under CPF Scheme in violation of statutory provisions.

3. The applicant earlier approached this Tribunal by filing O.A. No.4300/2017 seeking conversion from CPF Scheme to GPF cum Pension Scheme and the Tribunal disposed of the O.A. at the admission stage itself, with a direction to the respondents to dispose of his representation within two months by passing a reasoned and speaking order, keeping in view the Order dated 19.09.2013 passed in O.A. No. 3112/2013. In compliance thereof, the respondents converted the applicant from CPF scheme to GPF scheme, however, while executing the orders also directed him to refund a total amount of Rs.9,58,083/- towards the management share of CPF amount of Rs.4,26,719/- along with interest of Rs.5,31,364/- vide order dated 05.07.2018, which is impugned in the instant O.A.

4. It is contended by the learned counsel for the applicant that the applicant has been subjected to refund of CPF management share irrespective of no fault on his part, as he was wrongfully and illegally placed under the CPF scheme, which has been rectified as per the direction of this Tribunal in the aforesaid O.A. He further contended that charging of interest from the applicant on the management share of the CPF amount is illegal, particularly when he has not been paid any interest on the delayed payment of arrears of his pension and if the respondents are charging the interest, they are also liable to