J U D G M E N T

1. The present appeal has been filed challenging the Judgment dated 20th October, 2023 passed by the learned Single Judge in W.P.(C) 1125/2022 by which the underlying writ petition filed on behalf of the appellant has been dismissed. The writ petition had been filed by the appellant praying for a direction to the respondents to allow the appellant to switch over from Contributory Provident Fund Scheme (“CPF Scheme”) to Gratuity-Cum- Provident Fund Scheme (“GPF Scheme”). Since the said prayer has not been granted by the learned Single Judge, the present appeal has been filed.

2. The facts of the case in brief, are as follows:

2.1 The appellant was initially appointed as „Scientist B‟ with National Physics Laboratory (“NPL”)/ respondent no.2 on probation for a period of two years w.e.f. 02nd December, 1988. Subsequently, the service of the appellant was confirmed on the same post by respondent no.2 w.e.f. 01st December, 1990.

2.2 In pursuance to Circular of Council of Scientific and Industrial Research (“CSIR”)/ respondent no.3 dated 25th January, 1999, the appellant opted for CPF Scheme while employed with the respondent no.2 vide his option dated 30th March, 1999.

2.3 The appellant after completing 17 years of his employment with respondent no.2/NPL applied through proper channel for the post of Associate Professor with Indian Institute of Technology, Delhi (“IIT Delhi”)/respondent no.1 in the year 2005. On 10th October, 2005, the respondents no.2 and 3 accepted the technical resignation of the appellant and relieved him w.e.f. 13th October, 2005 to join respondent no.1/IIT Delhi as Associate Professor.

2.4 Appellant was appointed as Professor by respondent no.1/IIT Delhi w.e.f. 14th October, 2005 on probation for a period of one year. The appellant upon technical resignation also retained lien in respondent no.2/NPL for a period of two years, i.e., w.e.f. 14th October, 2005 to 13th October, 2007.

2.5 The appellant while maintaining lien with respondent no.2/NPL vide his representation dated 28th March, 2007 requested the respondent no.2 and 3 to allow the appellant to switch over to GPF. The said request of the appellant was rejected by the NPL on 05th October, 2007. The appellant continued to be governed under the CPF Scheme, which the appellant was continuing at the time of his service with respondent no.2/NPL.

2.6 New Pension Scheme (“NPS”) was introduced vide notification dated 22nd December, 2003 applying to new entrants/new recruits of Central Government joining w.e.f. 01st January, 2004. On 19th September, 2008, the appellant requested respondent no.1/IIT Delhi to enroll him under the NPS. The appellant was allowed to join the NPS vide Memorandum dated 30th January, 2009.

2.7 Subsequently, the IIT Delhi, requested NPL to approve the transfer of funds accumulated in the CPF account of the appellant along with leave balance and gratuity amount. Thus, the appellant‟s accumulated CPF was transferred from respondent no.2/ NPL to respondent no.1/IIT Delhi on 26th April, 2010. Likewise, the gratuity and leave encashment of 300 days were transferred from respondent no.2/NPL to respondent no.1/IIT Delhi on 09th October, 2012.

2.8 In the interregnum, respondent no.3/CSIR vide its Board Resolution dated 06th April, 2011 allowed all Scientists who were appointed before 01st January, 2004 and confirmed w.e.f. 28th November, 1984 or thereafter, to be covered by pension scheme automatically from the date of their confirmation.

2.9 Similarly, respondent no.1/IIT Delhi also vide its Board Resolution dated 07th August, 2013 resolved that all employees in service of respondent no.1/ IIT Delhi till 31st December, 2003 shall be deemed to have switched over to GPF Scheme.

2.10 In the meanwhile, the appellant requested to switch from NPS to CPG Scheme, which was same as CPF Scheme. The request was considered by the Board of Governors of IIT, Delhi, wherein the appellant was allowed to enroll under CPG Scheme on 15th February, 2013.

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