NDLI: University of Delhi Vs. Smt. Shashi Kiran & Ors. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law: Pensionary benefits – Contributory Provident Fund-CPF and General Provident Fund and Pension Scheme
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law: Pensionary benefits – Contributory Provident Fund-CPF and General Provident Fund and Pension Scheme-GPF – Shift from CPF to GPF after the cut-off date – On facts, issuance of Notification by the University on 25.05.1987 that all CPF beneficiaries in service on 01.01.1986 would be deemed to have “come over” to GPF under Statute 28-A unless such employees had opted to continue under CPF – By cut-off date, of 30.09.1987, 2611 employees of the University opted to continue under CPF while the rest of the employees, were deemed to have “come over” to GPF – Thereafter, grant of extensions for exercising the option to remain under CPF wherein option exercised by 626 employees – University kept extending the cut off date for switchover from CPF to GPF – Cut off date for exercise of option under the last notification was 31.01.1999 – 2469 employees exercised their option for switchover from CPF to GPF – After the deadline the option given for switchover was incorrect – Writ petition by employees, those who did not exercise their choice, but continued to make payment of contribution towards CPF (first batch), employees who chose CPF in the first two extensions but later wanted to shift to GPF (second batch), and employees who chose CPF before the cut-off date but wanted to change to GPF (third batch) – Case of first and second batch allowed - However, as regards the third batch, the Single Judge held that the employees having consciously exercised the option to be under CPF, their prayer of switchover cannot be accepted whereas the Division Bench held that switch-over to the Pension Scheme was permitted upto 31.12.2003 to several other autonomous institutions, thus, denying the right to opt to the Pension Scheme in the case of the third batch unsustainable – On appeal, held: Differential treatment afforded to those 2469 employees as against the employees in third batch of cases, not founded on any rationale – If those 2469 employees could be afforded chance to exercise an option of switchover to GPF, even though they had consciously opted to be under CPF, on principle of parity or equality, the case was certainly made out – Going by the intent of the notification, those who were to opt for CPF, were an exception and the general rule was that everybody after 01.01.1986 would normally be covered by GPF – In the third batch of cases, the concern is with only 75 persons – Bulk of people namely 2469 employees were granted the choice of reverse switchover and they were allowed all the benefits under GPF – When the notification dated 01.05.1987 was issued, the authorities were conscious of the possibility that all the employees may ‘come over’ to GPF and accordingly the fund was constituted and the affairs were arranged – Shift of those 75 employees would not in any way affect the strength and the character of the fund – Thus, the decision by the Division Bench of the High Court in the third batch does not call for any interference except to the extent of direction for recouping of the contribution under CPF with 8% simple interest pa.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2022 INSC 543
Petitioner	University Of Delhi
Respondent	Smt. Shashi Kiran & Ors. Etc.
SCR	[2022] 7 S.C.R. 957
Judgement Date	2022-05-10
Case Number	3797

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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