Shishir Gupta v. the Union of India through the Secretary Department of Higher Education Ministry of H R D
Case brief
What is this about?
Employees of IIT/ISM Dhanbad appointed after 01.01.1986 challenged their shift from GPF to CPF scheme following a Ministry letter. Holding that post-01.01.1986 appointees were always covered by the GPF-cum-pension scheme and that options inviting them to CPF were nullities, the court set aside the Board of Governors' decision but allowed recovery of employer CPF contributions with interest.
What did the court decide?
Board of Governors' decision dated 04.09.2019 applying CPF set aside; petitioners placed under GPF-cum-pension scheme, subject to recovery of employer CPF contribution with interest.