Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(CAT) 13606

CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Rameshwar Vyas, J, Dr. Amit Sahai, A
Manju Pandey – Appellant
Versus
Union of India through the Secretary, Ministry of Education, Department of School Education & Literacy – Respondent
OA Nos.31/2025, 32/2025, 33/2025, 34/2025 & 233/2023 | MA Nos.21/2025, 22/2025, 23/2025, 24/2025 and 138/2023

Advocates:
For the Appellants/Petitioners: Mr. Nihar Jain, Mr. Jog Singh Bhati
For the Respondents: Mr. K.S. Yadav

Employees cannot switch pension schemes post-retirement if their historical choices contradict current claims, and procedural lapses invalidate their appeals.

Headnote:(A) Administrative Law - Employees of KVS - GPF and CPF Pension Schemes - Applicants sought to convert from CPF to GPF scheme post-retirement, citing rejection of their applications for conversion - Court rejected claims due to suppression of fact of option exercised for CPF Scheme, deeming OAs not maintainable - Delays were noted. (Paras 7.1, 7.2, 7.4)

Facts of the case:
The applicants, all retired Kendriya Vidyalaya employees, sought transition from CPF to GPF scheme. Respondents maintained the applicants opted for CPF scheme previously.

Findings of Court:
Applicants did not opt out; their claims based on untimely and unfounded assertions of error on respondent's part.

Issues: Whether the rejection of conversion requests was appropriate based on the options exercised and the statute of limitations.

Ratio Decidendi: The bench emphasized the need for adherence to procedural adherence and noted that submissions lacking factual truth cannot set aside existing bureaucratic framework.

Result: Applications dismissed.

Table of Content
1. court differentiated between original applications based on pension schemes. (Para 1)
2. details of applicants’ career history and retirement timelines. (Para 2)
3. discussion on legal reasoning supporting dismissal. (Para 3 , 4 , 5 , 6)
4. final decisions regarding the validity of the oas and reasoning. (Para 7)

ORDER

Per Hon’ble Mr. Justice Rameshwar Vyas, Member (J)

These five Original Applications are being decided by this common order as the legal issues involved in the above Original Applications are the same.

Being aggrieved by rejection of prayer made by the applicants in not allowing them to change from CPF to GPF Pension Scheme, the applicants have preferred these OAs seeking direction against the respondents to allow them the benefit of GPF Pension Scheme with all consequential benefits.

2. Facts of the case in brief are as under:-

2.1 The applicant in OA No.31/2025 was appointed as PRT at Kendriya Vidyalaya Airforce School Jaisalmer vide offer of appointment dated 28.07.1982. She joined the said post on 09.08.1982. She, thereafter appointed as TGT (English) vide offer of appointment dated 14.09.1983. Pursuant to that, she joined the said post on 20.09.1983. The applicant retired on 31.10.2017.

2.2 The applicant in OA No.32/2025 was appointed as PRT at Kendriya Vidyalaya Airforce No.2 vide offer of appointment dated 03.08.1984. Pursuant to that, she joined her service on 08.08.1984. The applicant was transferred to KV BSF on 02.09.1994 and then to KV AF No.2 on 27.09.1997. She retired on 31.08.2019 as PRT from KV Air Force No.2, Jodhpur.

2.3. The applicant in OA No.33/2025 was appointed as Physical Education Teacher (PET) at Kendriya Vidyalaya Rajpura, Dariba Mines, District Udaipur where she joined her service on 02.12.1985. The post of Physical Education Teacher was re-designated as Trained Graduate Teacher (Physical & Health Education) and the applicant was posted at Kendriya Vidyalaya, Army No.1, Jodhpur. She retired on 30.06.2012 from TGT (P&HE) from KV Army No.1 Jodhpur.

2.4. The applicant in OA No.34/2025 was appointed as Trained Graduate Teacher (Biology) vide appointment order dated 13.08.1985. Pursuant to that, she joined her services on 29.09.1982. The applicant was further promoted on the post of Post Graduate Teacher (Chemistry) vide order dated 21.07.2006. She retired on 31.10.2010.

2.5 Applicant in OA No.233/2023 is Sub-Staff and is presently posted at Kendriya Vidyalaya No.1, Air Force, Jodhpur. He joined the respondent Sangathan on 26.07.1984. He retired (during pendency of the OA, the applicant retired from his service) on 31.12.2023.

2.6 Prior to 1986, there were two Schemes with regard to terminal benefits to KVS employees i.e the General Provident Fund (GPF)-cum- Pension Scheme and the Contributory Provident Fund (CPF) Scheme. The employees of KVS had an option to either be a member of CPF Scheme or the GPF Scheme as the terminal benefits were admissible in both the Schemes prior to 01.01.1986.

2.7 After implementation of the Fourth Central Pay Commission, the respondents vide Office Memorandum dated 01.09.1988 permitted the KVS employee to switch over from CPF Scheme to GPF Scheme. As per Office Memorandum, the employees who did not submit any option would be deemed to have switched over to the Pension Scheme. In these OAs, it is specific averment of the applicants that pursuant to the Circular dated 01.09.1988, they did not submit any form opting for CPF Scheme, and that, Kendriya Vidhyalaya Sangathan did not have any letter exercising option by the applicants.

2.8 It is submitted that the respondents ought to have treated the applicants as member of the GPF Scheme. The applicant in OA Nos.31/2025, 32/2025, 33/2025, 34/2025 and 233/2023 submitted their application on 23.11.2024, 23.11.2024, 23.11.2024, 25.11.2024 and 25.08.2021 seeking change from CPF to GPF Scheme. The applications submitted by the applicants of OA No.31/2025, 32/2025, 33/2025 and 34/2025 have been rejected vide communicat

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