The option to switch from CPF to Pension Scheme is final and cannot be revisited after long delay, establishing principles of estoppel and laches in administrative matters.

ORDER

SUDHI RANJAN MISHRA, MEMBER (J):

Succinctly, the case of the applicant is that on 12.09.1985 she joined as TGT (English) in Visakhapatnam under the CPF Scheme in vogue. The Govt. of India, as a matter of policy, on the recommendation th of the 4 CPC, issued OM dated 01.05.1987 for change over of the employees from CPF to Pension Scheme based on which, the KV issued OM on 01.09.1988 stipulating conditions as under:

“F.No. 152-1/79-80/KVS/Budget/Part.ll Dated: 01.09.88

OFFICE MEMORANDUM

Subject:- Change over of the Kendriya Vidyalaya Sangathan employees from the Contributory Provident Fund Scheme to Pension Scheme.

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In the 51st Meeting of the Board of Governor of the Kendriya Vidyalaya Sangathan held on 31 May, 1988, it was approved that Kendriya Vidyalaya Sangathan will implement mutatis mutandis the decision taken by the Govt. of India on the recommendations of the Fourth Central Pay Commission for its employees for the change over from Contributory Provident Fund Scheme to Pension Scheme in the manner as indicated in the Ministry of Personnel, Public Grievances and Pensions (Deptt. Of Pension and Pensioners, Welfare) O.M. No. 4/1/87- PIC dated 01.05.1987.

2. It has, accordingly, been decided that persons joining service in the Sangathan on or after 01.01.1986 shall be governed only by the G.P.F. cum-Pension Scheme and will have no option for C.P.F. Scheme. However, for all CPF beneficiaries, who were in service on 01.01.1986, the decision taken shall be implemented in the manner herein after indicated.

3. All C.P.F. beneficiaries, who were in service on 01.01.1986 and who are still in service on the date of issue of these orders will be deemed to have come over to the Pension Scheme.

3.2 The employees of the category mentioned above will, however have an option to continue under the C.P.F. Scheme, if they so desire. The option will have to be exercised and conveyed to the concerned Head of office/Principal by 31.01.1989, in duplicate, in the form enclosed (one form may be sent to this office while the other kept with personal records of the employee concerned) if the employees wish to continue under the CPF Scheme. If no option is received by the Head of office/Principal by the above date and in this office through them by 28.02.1989 the employee will to be deemed to have come over the Pension Scheme. The Head of office/Principal are to forward in one lot options exercised by employees for retention of CPF Scheme received by them, to reach Sangathan's Office latest by 28.02.1989. Where no option to continue under the CPF Scheme is received by them from any, nil report be sent by due date viz. 28.02.1989.

3.3. The CPF beneficiaries, who were in service on 01.01.1986, but have since retired and in whose case retirement benefits have also been paid under the CPF Scheme, will have an option to have their retirement benefits calculated under the Pension Scheme Provided they refund to the Sangathan, the Sangathan contribution (management Share) to the Contributory Provident Fund and the interest thereon, drawn by them at the time of settlement of the CPF account. Such option shall be exercised latest by 31.01.1989.

3.4 In the case of CPF beneficiaries, who were in service on 01.01.1988, but have since retired, and in whose case the CPF account has not already been paid, will be allowed retirement benefits as if they were borne on pensionable establishments unless they specifically opto by 31.01.1989 to have their retirement benefits settled under the CPF Scheme.

3.5 In the case of CPF beneficiaries, who were in service on 0