The petitioner sought to switch from CPF to GPF-cum-Pension Scheme retrospectively after retirement upon the announcement of Unified Pension Scheme. The High Court dismissed the writ, holding that the petitioner had consciously opted for CPF and received benefits, and failed to demonstrate discrimination under Article 14.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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UNION OF INDIA & ORS. .....Respondents Through: Ms. Archana Sharma, Advocate for Respondents No. 1 and 4/UOI.
Ms. Avnish Ahlawat, Standing Counsel for Respondents No. 2 and 3/GNCTD.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
W.P.(C) 13928/2024 Page 1 of 4
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several representations were made on behalf of the Petitioner and other employees requesting for a switch over from CPF Scheme to GPF-cumPension Scheme due to change in circumstances which could not be foreseen in 1995 but there was no positive response. It is further averred that Petitioner superannuated on 30.06.2011 as Senior General Manager after 30 years of service and took his benefits in consonance with the CPF Scheme. The trigger of the present petition is the decision of the Union Cabinet on 24.08.2024 approving the UPS to bring about uniformity in pensionary benefits across employees.
W.P.(C) 13928/2024 Page 2 of 4
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of India and Others, (1982) 1 SCC 618. Petitioner could not have foreseen in 1995 that there will be a decline in interest rates on CPF contributions and/or significant increase in pensionary benefits under the GPF-cumPension Scheme due to recommendations of successive Pay Commissions and cannot be denied his right to switch over to the pension scheme, more particularly, when he is ready and willing to refund employer’s contribution paid to him under the CPF Scheme along with interest accrued thereon.
W.P.(C) 13928/2024 Page 3 of 4
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/10/2024 at 12:19:11
Petitioner accepted this state of affairs not only till his superannuation on 30.06.2011 but from then till the filing of this petition after 13 years. Even today what the Petitioner seeks is a relief which is impermissible in law i.e. a direction to DFC to allow the Petitioner to switch over retrospectively from CPF Scheme to GPF-cum-Pension Scheme under the UPS announced by the Government of India in 2024. Petitioner had opted for the CPF Scheme willingly and with his eyes open and cannot now seek the benefit of switching over under the UPS. There cannot be a doubt on the proposition that pension is not a bounty of the State and/or that similarly placed pensioners cannot be discriminated and to this extent Petitioner correctly places reliance on the aforesaid judgements. However, the Petitioner has neither pleaded nor is able to formulate and support his case of discrimination during the course of hearing as to what is the discrimination meted out to him and which similarly placed person has been permitted a switch over. No case of discrimination has been set up by the Petitioner and thus there is no violation of Article 14 of the Constitution of India.
JYOTI SINGH, J
OCTOBER 3, 2024 B.S. Rohella/shivam
W.P.(C) 13928/2024 Page 4 of 4
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/10/2024 at 12:19:11
2 issues framed by the court
Whether a pensioner who willingly opted for Contributory Provident Fund Scheme can retrospectively switch to General Provident Fund Scheme after retirement due to introduction of Unified Pension Schem
Whether denial of option to switch pension schemes violates Article 14 for similarly placed employees?
Colour shows how this judgement treated each authority
State of Punjab v. Justice S.S. DewanReferred¶18
State of Punjab v. Justice S.S. Dewan (Retired Chief Justice) and Others, (1997) 4 SCC 569 · Who else cites this
D.S. Nakara v. Union of IndiaReferred¶18
D.S. Nakara and Others v. Union of India, (1983) 1 SCC 305 · Who else cites this
Randhir Singh v. Union of IndiaReferred¶18
Randhir Singh v. Union of India and Others, (1982) 1 SCC 618 · Who else cites this
2 provisions across 1 enactments
Sh. K.K. Jain
Union of India & Ors.
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
