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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, RAJESH SHANKAR
Kendriya Vidyalaya Sangathan – Appellant
Versus
Bhrigu Nandan Sharma, son of Late Kedar Prasad Sharma – Respondent
JUDGMENT :
1. Heard the parties.
2. The learned Administrative Tribunal (for short ‘Tribunal) vide its judgment dated 28.05.2025 directed the cases of the respondents herein to be converted from CPF to G.P.F.-cum- Pension Scheme and aggrieved thereby the petitioner(s) have filed these writ petitions assailing the order passed by the learned Tribunal.
3. The facts are not in dispute. The respondent herein in WP(S) No. 6552 of 2025 is retired Yoga Teacher, Kendriya Vidhyalaya, Bulandshahr((U.P.). He retired on 31.03.2019, He was initially appointed as Yoga Teacher in the year 1981. The scheme of Yoga Teacher was introduced in KVS on Experimental basis . However, later on his service was ordered to be regularized in the month of April, 1995.
4. After appointment, the respondent had opted for CPF in the month of October, 1982. Thereafter, in view of the DOPT No. 4/1/87 dated 01.05.1987 issued by the Ministry of Personnel, Public Grievance and Pensions, Government of India and also the memorandum issued by the KVS vide KVS OM No. 152-1/79-80/KVS/Budget/Part.II dated 01.09.1988, the respondent had never exercised the option for continuance in the CPF Scheme.
5. It was contended by the respond
Employees must exercise timely options under service schemes; belated attempts to claim benefits not sustainable due to principles of delay and laches.
The court affirmed that employees must timely exercise options for scheme conversion; delay undermines claims, reinforcing the doctrine of laches.
The legal fiction created by the Office Memorandum automatically migrated existing employees to the GPF scheme, and the burden was on the employee to exercise the option to remain under the CPF schem....
The court affirmed that teachers of Kendriya Vidyalaya Sangathan automatically transitioned to the GPF Scheme without exercising an option to remain in the CPF Scheme, as per the O.M. dated 01.09.198....
Employees cannot switch pension schemes post-retirement if their historical choices contradict current claims, and procedural lapses invalidate their appeals.
Employees have the right to switch from CPF to GPF cum Pension Scheme if they applied before retirement, as established by precedent.
The court affirmed that failure to exercise the option to switch from CPF to GPF within stipulated timelines renders later requests invalid, underlining the importance of adherence to administrative ....
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