Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Service benefits - Switchover from CPF scheme to pension scheme - Permissibility of - Respondent-employee while he was in service of NCERT had opted for the CPF Scheme way back in 1977 and on his retirement, had availed the benefits of the CPF Scheme - Claim of respondent to switch over from CPF scheme to Pension Scheme - Allowed by Tribunal, the Single Judge and the Division Bench of the High Court - Justification of - Held: Not justified - Once an employee has opted for the CPF Scheme, his exercise of option is final and he is not entitled to change over to the Pension Scheme because the two schemes are entirely different - However, Ministry of Personnel and Training by dated 06. 06. 1985 gave an opportunity to Central Government employees who had earlier opted for the CPF Scheme to opt for the Pension Scheme - The 0. M. dated 06.06.1985 was adopted by the NCERT in its Circular dated 18. 07. 1985 - It is clear from the language of 0. M. dated 06.06.1985 that the option to an employee to switch over from the CPF Scheme to the Pension Scheme was open to only those employees who were in service on 31.03.1985 and who were retiring on or after 31.03.1985 - By 31.03.1985, the respondent had retired, his date of retirement being31.07.1984 - He was, therefore, not entitled to fresh option to switch over from the CPF Scheme to the Pension Scheme - Contributory Provident Fund Rules, 1962 - Rule 38 - Central Civil Services (Pension) Rules, 1972. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2011 INSC 370 |
Petitioner | Union Of India Through The Secretary, National Council Of Educational Research & Training. |
Respondent | Shyam Babu Maheshwari |
SCR | [2011] 7 S.C.R. 548 |
Judgement Date | 2011-05-09 |
Case Number | 4202 |
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