Eligibility for pension under GPF scheme affirmed despite respondents' claims of binding precedents.

ORDER (ORAL)

By Hon’ble Mr. R. N. Singh, Member (J)

At the outset, learned counsels for the parties submit that the issue involved in all the aforesaid O.A.s is identical and accordingly, the O.A.s were clubbed and today, are listed for final hearing.

2. In view of the aforesaid, with the consent of the learned counsels for the parties, the matters have been heard together and are being disposed of vide the present common order.

3. In the facts and circumstances, for convenience in writing the present common order, O.A./1502/2019 is taken as lead case. In the present O.A., the applicant is aggrieved by the action of the respondents vide which they have not considered and finalized the request of the applicant for granting him service pension under GPF scheme. It is the case of the applicant that the applicant was governed by GPF-cum-Pension Scheme from the date of his appointment to the post of Principal on direct recruitment w.e.f. 29.06.2001. It is also the case of the applicant that the applicant should have been extended the benefit of the judgment of the Principal Bench of this Tribunal dated 25.03.2014 in O.A./1027/2014 and O.A./1039/2014, annexed as Annexure A-2 with the present O.A.

4. In the present O.A., applicant has prayed for the following relief(s):-

“(i) Direct the Respondent to submit all the records of the case.

(ii) Hold and declare that in terms of KVS Office Memorandum No. F. NO. 152 – 1 / 79 - 80 / KVS / Budget / Part. II dated: 1.9.1988 the Applicant is deemed to have come under the General Provident Fund and Pension Scheme of CCS(Pension) Rules 1972, as applicable to the employees of KVS.

(iii) Consequent to the above, hold and declare that the Applicant is entitled for pension and all other retirement benefits as admissible to the similarly placed teachers / Principals of KVS under CCS (Pension) Rules, 1972.

(iv) Direct the Respondent to ensure that, the Applicant is granted Pension and other retiral benefits as per CCS (Pension) Rules 1972, with effect from the date of retirement i.e. 31.10.2014.

(v) Grant any other relief which the Hon'ble Tribunal may deem appropriate.

(vi) Considering the fact that the Respondent through their lethargic and callous approach has forced this litigation and thereby caused avoidable wastage of precious judicious time, impose exemplary cost on the Respondent”

5. The claim of the applicant has been contested by the respondents by filing counter reply and the applicant has filed rejoinder reiterating his claim and the grounds in support thereof. Learned counsels for the parties have submitted that such issue(s) involved in the present O.A. came before this Tribunal in various O.A.s and such O.A.s were allowed by the Tribunal and such order(s)/judgment(s) of the Tribunal have been challenged by the respondents through different Writ Petitions and all such Writ Petitions including W.P. (C) No. 3172/2019 titled Bharti Bahuguna vs. Kendriya Vidyalaya Sangathan (KVS) & Ors. have been disposed of by the Hon’ble High Court vide a common order/judgment dated 02.09.2025.

6. It is also admitted by the learned counsels for the parties that another batch of O.A.s including O.A./2108/2022 were filed before this Bench of the Tribunal and all such O.A.s have been allowed by a Bench of the Tribunal consisting one of us, [Hon’ble Mr. R. N. Singh, Member (J)] vide a common order/judgment dated 23.05.2025.

7. Mr. Yogesh Sharma, learned counsel for the applicant submits that in view of the judgments of this Tribunal dated 23.05.2025 and further by the latest common order/judgment dated 02.09.2025 of the Hon’ble High Court of Delhi in Bharti Bahuguna (supra), the present