Belated post-retirement claim for switching from CPF to pension scheme rejected due to inordinate delay, laches, estoppel, and secondary evidence proving voluntary CPF continuance despite missing original option.

O R D E R

Hon’ble Mr. Sudhi Ranjan Mishra, J.M.

The applicant aggrieved by order dated 18.08.2021 wherein her prayer for extending the benefit of GPF cum Pension Scheme has been rejected has filed this OA praying for following reliefs:

a) To admit the OA & issue notices to the respondents;

b) To quash the order/letter dtd. 18.08.2021 (Annex. A/1) holding the same is outcome of non-application of mind and also opposing the policy of the Govt. of India which was validly adopted by the Sangathan;

c) To declare that the applicant is deemed to have been included in GPF-Cum-Pension Scheme and entitled to get all the retiral benefit accordingly;

d) To direct the respondents to release the benefits as due and admissible to her in accordance with GPF-Cum- Pension Scheme forthwith after adjustment of dues paid to the applicant;

e) To direct the respondents to extend all consequential benefits as due and admissible;

f) To pass any other order/orders as deemed fit and proper.

2. The brief facts of the case as inter alia averred by the applicant in the OA is that as per the settled decision of Coordinate Bench of this Tribunal an3 d Hon’ble High Court of Madras in the case of Sh. V D Pandey and R. Renukadevi that persons those who are/were in service by 1st January 1986 and did not opt for continuance in the CPF scheme should be deemed to have come over to the pension scheme and no formal application needs to be submitted. It is submitted that Hon’ble Courts have held that unless the benefit is extended to the persons concerned, it would certainly amount to discrimination as many have been benefitted and extended the benefit as per and on the basis of DOPT OM dated 06.06.1985 as well as Ministry of Personnel, Public Grievance & Pensions OM dated 01.05.1987.

3. It is submitted that by the cut off date the applicant was in service for which her switch over to the GPF-cum-Pension Scheme is automatic and at the belated stage she cannot be denied benefit which she is entitled to on the guise that no option was submitted at that point of time. It is submitted that applicant had joined in respondent department on 30.08.1984. It is submitted that vide OM dated 01.09.1198 KVS accepted the GPF-cum-Pension Scheme introduced by the Govt. of India and as per the said scheme employe4 es joining service in the Sangathan on or after 01.01.1986 were to be governed only by the GPF scheme and had no option to opt for the CPF Scheme. It is submitted that all CPF beneficiaries who were in service as on 01.01.1986 and who were still in service were deemed to be governed by GPF cum Pension Scheme if he/she has not submitted any specific application for continuation with the CPF scheme. It is submitted that applicant was set to retire on 30.04.2019 on attaining the age of superannuation and during processing of the papers she came to know that she has not been absolved into the GPF cum Pension Scheme and is continuing under the CPF scheme. It is submitted that the applicant was of the view that under the deeming clause she has been brought into the GPF cum Pension Scheme automatically. It is submitted that when the file was processed she came to know about the mistake and submitted her representation dated 24.10.2018 and when no action was taken she submitted another representation dated 07.01.2019 reiterating her prayer. It is submitted that her representations were forwarded to Respondent No. 2 by Respondent No. 4 but still remained unattended. It is subm5 itted that she submitted another representation dated 30.04.2019 and then approached this Tribunal in OA no. 183/2020 which was disposed of with directi