Reserved on 12^th January 2026 CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD *********

Misc. Application No. 2979 of 2025 In Diary No. 3731 of 2025 Allahabad this the 19^th day of January, 2026 Hon’ble Mr. Rajnish Kumar Rai, Member-J Hon’ble Ms. Manju Pandey, Member-A Smt. Veena Saxena, aged about 75 years, Wife of Shri Sunil Kumar Saxena, Ex. TGT, KVS, IVRI, Bareilly, Resident of 21, Shiv Nagar, IVRI Road, District -

Bareilly.

Applicant By Advocates: Shri Pradeep Kumar Mishra Shri Rajesh Kumar Vs.

1. Union of India through the Secretary, Ministry of Human Resources Development, Department of Secondary and Higher Education, Government of India, 234-C, Shastri Bhawan, New Delhi.

2. Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi.

3. Joint Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi.

4. Finance Officer/Audit and Accounts Officer, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi.

Respondents By Advocate: Shri D.P. Singh

O R D E R

Delivered by Hon’ble Mr. Rajnish Kumar Rai, Member (J)

Shri Rajesh Kumar, counsel for the applicant is present. Shri D.P. Singh, counsel for the respondents is present.

2. This O.A. (Diary No. 3731/2025) has been filed by the applicant

MANISH MEHROTRA along with Delay Condonation Application (MA No. 2979/2025)

challenging the order dated 17.03.2024 passed by respondent No. 4

thereby the claim of applicant for grant of pension under GPF has been

turned down relying upon the letter of respondent No. 1 dated

20.11.2018 by which the cases of conversion from CPF to GPF has been suspended.

3. It is the case of applicant that the applicant was initially appointed on 03.08.1976 on the post of Primary Teacher at Kendriya Vidyalaya, BHEL, Haridwar. During her service career, the applicant was transferred number of times and on attaining the age of superannuation, he retired on 30.04.2010. After retirement, the respondents have sanctioned the payment of CPF, Earned Leave and DCRG. It is submitted by the applicant’s counsel that the Government of India issued memorandum on 01.05.1987 stating therein that the Government employees who were in service on 01.05.1987 shall be deemed to have come over the pension scheme unless they specifically opt for their continuation in Contributory Provident Fund Rules, 1962. It is claimed by the applicant that she has never opted for continuation of CPF Scheme, in writing, and in pursuance of memorandum dated 01.05.1987, she would be deemed to be contributory of GPF cum Pension Scheme after 01.05.1987. However, after retirement, the applicant was granted post retiral benefits as per CPF Scheme and aggrieved with the same action of respondents, the applicant has filed the representations dated 26.07.2024 and 18.02.2025. It is submitted by the applicant that in 51^st meeting on 31.05.1988, the Kendriya Vidyalaya Sangathan implemented the decision of Government of India/Fourth Pay Commission for change over from CPF to GPF. However, by order dated 17.03.2025, the respondents have rejected the request of applicant from conversion of CPF to GPF cum Pension Scheme. Aggrieved with the action of respondents, the applicant has filed the present O.A.

MANISH MEHROTRA

4. Learned counsel for the respondents has relied upon the contents

of Objection, filed against the Delay Condonation Application, and

submitted that the O.A. (Diary No. 3731/2025) is highly time barred. It

is submitted that the applicant was appointed as Primary Teacher in

Kendriya Vidyalaya on 03.08.1976. The respondents have submitted that on the basis of recommendation made by the IVth Central Pay Commission report, the Central Government issued an Office Memorandum dated 1.5.1987 provided therein that all the CPF beneficiary who were in service on 1.1.1986 and who were still in service on the date of issue of those order would be deemed to have come over to the pension scheme. However a