CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI O.A. No. 3932/2023 M.A. No. 4462/2023 This the 01ST day of December, 2025 Hon’ble Dr. Chhabilendra Roul, Member (A)

KANTI DHAR JHA Aged about 66 Years (Group-A), Retired as Vice Principal, S/o Late Murli Dhar Jha, Presently R/o. A-1/16A, Surya Market Phase 1, Budh Vihar, Delhi-110086 [Mobile 98184-45952, Email ID: kdjhal@gmail.com]

... Applicant (By Advocate : Mr. Santosh Kumar Sahu)

Versus

1 KENDRIYA VIDYALAYA SANGATHAN, Through its Commissioner, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi-110016 [Email commissioner-kvs@gov.in]

2 THE JOINT COMMISSIONER (ADMIN), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi-110 016.

[Email: kvs.jcadmn@gmail.com]

3. THE SECRETARY, Department of School Education & Literacy, Ministry of Education, Shastri Bhawan, Dr. Rajendra Prasad Road, Central Secretariat, New Delhi-110 001.

[Email secy.sel@nic.in]

…Respondents (By Advocate: Mr. S.N. Verma)

ORDER (ORAL)

By Hon’ble Dr. Chhabilendra Roul, Member (A):

Present OA has been filed by the applicant under Section

19 of the Administrative Tribunals Act 1985, seeking the following reliefs:-

“(1) Direct the respondents to submit all the records of the case, (ii) Hold and declare that, in terms of Government of India, Department of Pension & Pensioners' Welfare O.M. No. 4/1/87.PIC-I dated 01.05.1987, the applicant is deemed to have come under the General Provident Fund and Pension Scheme of CCS (Pension) Rules, 1972 as applicable to the Central Government employees and similarly placed employees of Kendriya Vidyalaya Sangathan, ignoring his CPF Option dated 08 12 1988 given pursuant to the KVS OM dated 01 09 1988, (iii) Hold and declare that the applicant is entitled to the benefits of GPF/Pension Scheme in view of the rationale given for CPF optees by Hon'ble Delhi High Court (DB) in its judgment dated 24.08.2016 in LPA No 410/2014 titled Smt Shashi Kiran & Ors vs. Union of India & Ors., which was upheld by Hon'ble Supreme Court vide its judgment dated 10.05 2022 titled as University of Delhi vs. Smt Shashi Kiran &

Ors, reported in 2022(7) SCALE 224, (iv) Pass an order declaring to the effect that the whole action/inaction of the respondents in not accepting the requests, appeals and representation of the applicant for considering him under the GPF/Pension Scheme as arbitrary, unfair and illegal, being discriminatory and contrary to the words and spirit of the judicial pronouncements in similar cases, (v) Consequent to the above clauses (i) to (iv), hold and declare that the Applicant is entitled for the benefits of GPF/Pension Scheme and all other retirement benefits as admissible to the similarly placed employees/teachers of KVS under the CCS (Pension) Rules, 1972 as amended up-to-date, (vi) Pass an appropriate order/direction directing the respondents to process the pension files/documents of the applicant within a specified time-limit and provide all benefits under the GPF/Pension Scheme as per CCS (Pension) Rules we f. the date of applicant's date of superannuation i.e, 31.12.2016, (vii) Direct the Respondents to pay to the applicant his pension dues and arrears with simple interest @ 8% p.a. on the delayed payment from his date of retirement applying the rules of 'set-off of the dues', and (viii) Pass any other order direction which the Hon'ble Tribunal may deem appropriate in the interest of justice.”

2.1 The factual matrix of the case are that the applicant was originally appointed as Primary Teacher with the respondents on 28.08.1979. Subsequently, he was appointed as Direct Recruit TGT in Biology on 23.08.1980 and he was promoted as PGT w.e.f. 30.09.1995 and promoted to Limited Department Examination as Vice Principal on 18.04.2013 and posted as Assistant Educational Officer at KVS Head Quarters. It is admitted by the applicant that he opted to the scheme of CPF with account No. 2070 initially when he joined with the respondents. The applicant