Allowed

Chandan Bhar v. the Union of India through the Secretary Department of Higher Education Ministry of H R D

Jharkhand HC4 Jan 2024WPC/5774/2019

Case brief

AI extract

What is this about?

Retired IIT/ISM Dhanbad employees appointed after 01.01.1986 challenged their shift back to the Contributory Provident Fund Scheme. The court held the GPF-cum-Pension Scheme applies to post-1986 entrants, set aside the Board's decision accepting the Ministry's direction, but allowed recovery of employer CPF contributions with interest.

What did the court decide?

Writ petitions allowed; Board's decision dated 04.09.2019 applying CPF Scheme set aside; petitioners placed under GPF-cum-Pension Scheme, subject to recovery of employer CPF contributions with interes

Chandan Bhar Vs the Union of India through… — Pension and Retirement Benefits | Jharkhand HC (2024)

¶1

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5777 of 2019

¶3

Kabir Dasgupta .... .. ... Petitioner(s)

¶4

Versus

¶5

¶6

3.The Secretary, Department of Expenditure, Ministry of Finance ,Government of India ,EV Branch ,New Delhi.

¶7

4.The Chairman, Board of Governors, Indian Institute of Technology(Indian school of mines), Dhanbad

¶8

5.The Director, Indian Institute of Technology(Indian school of mines), Dhanbad. 6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶9

7.University Grants Commission(UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi . .. ... ..Respondent(s)

¶10

With W.P(S) No.5771 of 2019

¶11

Shishir Gupta .... .. ... Petitioner(s)

¶12

Verses

¶13

¶14

3.The Secretary, Department of Expenditure, Ministry of Finance ,Government of India, EV Branch ,New Delhi.

¶15

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad

¶16

5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶17

6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶18

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi .

¶19

With

¶20

W.P(S) No.5772 of 2019

¶21

Dipankar Ray . . ……Petitioner(s) Verses

¶22

¶23

3.The Secretary, Department of Expenditure, Ministry of Finance ,Government of India, EV Branch ,New Delhi.

¶24

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad

¶25

5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶26

6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶27

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi.

¶28

¶29

With

¶30

W.P(S) No.5773 of 2019

¶31

Subodh Kumar Maiti . . ……Petitioner(s)

¶32

Verses

¶33

1.The Union of India through the secretary, Department of Higher

¶34

Education, Ministry of Human Resource Development, Government of India, New Delhi.

¶35

The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India, Shastri Bhawan, New Delhi.

¶36

3.The Secretary, Department of Expenditure, Ministry of Finance ,Government of India, EV Branch, New Delhi.

¶37

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad

¶38

5.The Director, Indian Institute of Technology (Indian School of Mines), Dhanbad.

¶39

6.The Registrar, Indian Institute of Technology (Indian School of Mines), Dhanbad.

¶40

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi

¶41

With

¶42

W.P(S) No.5774 of 2019

¶43

Chandan Bhar . . ……Petitioner(s)

¶44

Verses

¶45

¶46

3.The Secretary, Department of Expenditure, Ministry of Finance ,Government of India, EV Branch, New Delhi.

¶47

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad

¶48

5.The Director, Indian Institute of Technology(Indian school of mines), Dhanbad.

¶49

6.The Registrar, Indian Institute of Technology(Indian school of mines), Dhanbad.

¶50

7.University Grants Commission(UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi.

¶51

With

¶52

W.P(S) No.5782 of 2019

¶53

Pramod Pathak . . ……Petitioner(s)

¶54

Verses

¶55

¶56

3.The Secretary, Department of Expenditure, Ministry of Finance, Government of India, EV Branch ,New Delhi.

¶57

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad

¶58

5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶59

6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶60

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi.

¶61

¶62

With

¶63

W.P(S) No.5783 of 2019 Prafulla Kumar Behara . . ……Petitioner(s) Verses

¶64

1.The Union of India through the secretary, Department of Higher

¶65

Education, Ministry of Human Resource Development, Government of India, New Delhi.

¶66

The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India, Shastri Bhawan, New Delhi.

¶67

3.The Secretary, Department of Expenditure, Ministry of Finance, Government of India, EV Branch, New Delhi.

¶68

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad 5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad. 6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad. 7.University Grants Commission(UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi.

¶69

With

¶70

W.P(S) No.5784 of 2019

¶71

Bhabesh Chandra Sarkar . . ……Petitioner(s) Verses 1.The Union of India through the secretary, Department of Higher Education, Ministry of Human Resource Development, Government of India, New Delhi. 2. The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India, Shastri Bhawan, New Delhi. 3.The Secretary, Department of Expenditure, Ministry of Finance, Government of India, EV Branch, New Delhi. 4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad 5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶72

6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶73

7.University Grants Commission(UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi. …… Respondents

¶74

With

¶75

W.P(S) No.5793 of 2019

¶76

Virendra Kumar . . ……Petitioner(s) Verses

¶77

1.The Union of India through the secretary, Department of Higher

¶78

Education, Ministry of Human Resource Development, Government of India, New Delhi.

¶79

The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India, Shastri Bhawan, New Delhi.

¶80

3.The Secretary, Department of Expenditure, Ministry of Finance, Government of India ,EV Branch, New Delhi.

¶81

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad

¶82

5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶83

6.The Registrar , Indian Institute of Technology(Indian school of mines), Dhanbad.

¶84

¶85

7.University Grants Commission(UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi. …… Respondents

¶86

With

¶87

W.P(S) No.5794 of 2019 Akella Satya Venkatesh . . ……Petitioner(s)

¶88

Verses

¶89

1.The Union of India through the secretary, Department of Higher Education, Ministry of Human Resource Development, Government of India, New Delhi.

¶90

The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India ,Shastri Bhawan, New Delhi.

¶91

¶92

5.The Director, Indian Institute of Technology(Indian school of mines), Dhanbad.

¶93

6.The Registrar, Indian Institute of Technology(Indian school of mines), Dhanbad.

¶94

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi. …… Respondents With

¶95

W.P(S) No.5795 of 2019

¶96

Narayan Rittappa Mandre . . ……Petitioner(s)

¶97

Verses

¶98

1.The Union of India through the secretary, Department of Higher Education, Ministry of Human Resource Development, Government of India, New Delhi. 2. The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India ,Shastri Bhawan, New Delhi. 3.The Secretary, Department of Expenditure, Ministry of Finance ,Government of India, EV Branch ,New Delhi. 4.The Chairman, Board of Governors, Indian Institute of Technology(Indian school of mines), Dhanbad 5.The Director, Indian Institute of Technology(Indian school of mines), Dhanbad. 6.The Registrar, Indian Institute of Technology(Indian school of mines), Dhanbad.

¶99

7.University Grants Commission(UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi. …… Respondents With

¶100

W.P(S) No.5796 of 2019

¶101

Deepanker Asthana . . … …Petitioner(s)

¶102

Verses

¶103

1.The Union of India through the secretary, Department of Higher Education, Ministry of Human Resource Development, Government of India, New Delhi.

¶104

The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India ,Shastri Bhawan, New Delhi.

¶105

3.The Secretary, Department of Expenditure, Ministry of Finance ,Government of India, EV Branch ,New Delhi.

¶106

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad

¶107

5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶108

6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶109

¶110

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi. …… Respondents With

¶111

W.P(S) No.6069 of 2019

¶112

Priya Ranjan Mohanty . . … …Petitioner(s)

¶113

Verses

¶114

¶115

3.The Secretary, Department of Expenditure, Ministry of Finance ,Government of India, EV Branch ,New Delhi.

¶116

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad

¶117

5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad. 6.The Registrar, Indian Institute of Technology(Indian school of mines), Dhanbad.

¶118

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi. …… Respondent

¶119

with

¶120

W.P(S) No.6080 of 2019 Durga Charan Panigrahi . . ……Petitioner(s) Verses

¶121

1.The Union of India through the secretary, Department of Higher

¶122

Education, Ministry of Human Resource Development, Government of India, New Delhi. 2. The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India, Shastri Bhawan, New Delhi.

¶123

3.The Secretary, Department of Expenditure, Ministry of Finance ,Government of India, EV Branch, New Delhi. 4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad 5.The Director, Indian Institute of Technology(Indian school of mines), Dhanbad. 6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶124

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi With

¶125

W.P(S) No.6083 of 2019 Alok Kumar Mukhopadhyay . . ……Petitioner(s) Verses 1.The Union of India through the secretary, Department of Higher Education, Ministry of Human Resource Development, Government of India, New Delhi.

¶126

The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India ,Shastri Bhawan, New Delhi. 3.The Secretary, Department of Expenditure, Ministry of Finance, Government of India, EV Branch, New Delhi. 4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad 5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶127

6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶128

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi

¶129

¶130

¶131

W.P(S) No.6084 of 2019 Nikkam Suresh . . ……Petitioner(s)

¶132

Verses

¶133

1.The Union of India through the secretary, Department of Higher

¶134

Education, Ministry of Human Resource Development, Government of India, New Delhi.

¶135

The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India, Shastri Bhawan, New Delhi.

¶136

3.The Secretary, Department of Expenditure, Ministry of Finance, Government of India, EV Branch, New Delhi.

¶137

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad

¶138

5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶139

6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶140

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi

¶141

With

¶142

W.P(S) No.6085 of 2019 Phalguni Sen . . ……Petitioner(s)

¶143

Verses

¶144

1.The Union of India through the secretary, Department of Higher

¶145

Education, Ministry of Human Resource Development, Government of India, New Delhi.

¶146

The JS & FA, Department of Higher Education, Ministry of Human Resource Development, Government of India, Shastri Bhawan, New Delhi.

¶147

3.The Secretary, Department of Expenditure, Ministry of Finance ,Government of India ,EV Branch, New Delhi.

¶148

4.The Chairman, Board of Governors, Indian Institute of Technology (Indian school of mines), Dhanbad

¶149

5.The Director, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶150

6.The Registrar, Indian Institute of Technology (Indian school of mines), Dhanbad.

¶151

7.University Grants Commission (UGC), through its secretary, having its office at Bahadur Shah Zafar Marg, New Delhi

¶152

CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

¶153

......... For the Petitioner(s) : Mr. Indrajit Sinha, Advocate Mr. Bibhash Sinha, Advocate For the UGC : Mr. Laxman Kumar, Advocate For the IIT-ISM : Mr. Anoop Kr. Mehta, Advocate Mr. Manish Kumar, Advocate For the UOI : Mr. Prabhat Kr. Sinha, Sr.CGC Mr. Ravi Prakash, CGC M/s Kiran Sushma Khoja, CGC Mr. Jitendra Tripathi, Advocate

¶154

08/ 04.01.2024 . Heard, learned counsel for the parties.

¶155

In all these Writ Petitions, common issue of fact and law are involved, as such, they are being heard together and disposed of by this common order/judgment.

¶156

¶157

Petitioners are/were the employees of IIT /ISM, Dhanbad and the instant Writ Petitions have been filed to shift them from Contributory Provident Fund Scheme (CPF Scheme) to General Provident Fund Scheme (GPF Scheme) as they are aggrieved by the order of the Board of Governors dated 04.09.2019 by which they have been shifted to Contributory Provident Fund Scheme from General Provident Fund Scheme (GPF Scheme).

¶158

In pursuant to the recommendation of 4^th Central Pay Commission, the GPF Scheme was introduced from 01.01.1986 to all Central Government employees. The Indian School of Mines being a Central University whereby employees were governed by the rules of Central Government employees and accordingly, the GPF Scheme was applicable to them.

¶159

In pursuant to the new scheme, the Government of India issued office Memorandum dated 01.05.1987 with regard to switch-over of the Central Government employees from Contributory Provident Fund Scheme to General Provident Fund cum pension scheme.

¶160

Clause -3 of the Memorandum dated 1^st May, 1987 reads as follows :- “ 3. All CPF beneficiaries, who were in service on 01.01.1986 and who are still in service on the date of issue of these orders will be deemed to have come over to the Pension Scheme .”

¶161

All these petitioners joined after 01.01.1986 and, therefore, mutatis mutandis , it is submitted that the 1986 Scheme will apply to them and they will be entitled to GPF-cum-Pension Scheme and not the CPF Scheme which was in place before 01.01.1986.

¶162

It is submitted by learned counsel for the petitioners that the dispute arose in view of the misconceived offer given to the employees, vide option form dated 04.01.1986 (Annexure-C to the counter-affidavit) inviting the options from the employees either to opt for GPF cum Pension Scheme or the Contributory Pension Scheme cum Gratuity Scheme. The offer itself was misconceived as for the employees who had joined after 01.01.1986, there was no question of any option, as GPF and not the previous CPF scheme would have been applicable.

¶163

There was no occasion to call for the option from those employees who had joined after 01.01.1986 as in any case the CPF Scheme could not have been applied to them. This exercise of inviting option(s) continued in IIT/ ISM, Dhanbad till 22.06.1994.

¶164

The exercise inviting option was given up vide notice dated 3^rd January, 1998 (Annexure-A to the counter-affidavit) wherein it was clarified that new entrants after 01.01.1986 will be entitled only to GPF Scheme.

¶165

¶166

It is submitted that the exercise of inviting options was uncalled for and the same was brought to the notice of the Governing body by the Teachers’ representation and a decision was taken by the Executive Board of Indian School of Mines in its 128^th Meeting held on 09.09.2005 and option was given, but they ignored the same and it was a mistake on the part of the Management which was void ab initio. It was also resolved that the mistake needs to be corrected and the faculty staffs were to be treated having remained in GPF Scheme.

¶167

The decision of the Board was referred for approval to the Government of India vide Letter dated 16^th November, 2005. But the Government refused to endorse and affirm the Board’s resolution and held that there was no possibility of switching to CPF to GPF-Pension Scheme.

¶168

The said letter came under-challenge by way of Writ Petition being W.P.(S) No.2517 of 2009 which was dismissed vide order dated 28.03.2014 and against the decision of the Single Judge, a Letters Patent Appeal being L.P.A. No.176 of 2014 was preferred before this Court.

¶169

During pendency of the said L.P.A., Executive Board of the I.S.M. vide decision of the 172^nd Executive Board Meeting dated 17.05.2016 decided to constitute a Three Members Committee to look into the grievances and the said Committee decided as under :-

¶170

a) Eighteen employees, who have joined ISM Dhanbad on or after 01.01.1986 and the offers of appointment issued to them at the time of initial appointment and on subsequent appointment to higher posts are silent about the scheme of retirement benefits applicable to them, should be placed in the GPF-cumPension Scheme only;

¶171

b) Five employees who joined ISM Dhanbad on after 01.01.1986 and further on appointment to higher post on direct recruitment basis they were offered GPF-cum-Pension Scheme, which they have duly accepted in writing, but the benefit had not been extended to them due to lapses on the part of the then ISM Administration, should be placed in GPF-cum- Pension scheme only;

¶172

c) One employee, who was earlier in GPF scheme under another Central Autonomous Body and joined Indian School of Mines in the year 1992 through proper channel, and further on appointment to higher post on Direct Recruitment basis he was offered GPF-cum- Pension Scheme, which was duly accepted by him in writing, but the benefit was not extended to him due to lapses on the part of the then ISM Administration, should be placed in GPF-cum- Pension scheme only ;

¶173

The Committee’s recommendation(s) was approved by the Chairman of the Board of Governors which was to be placed before the Finance Committee and the Board of Governors. In view of the decision of ISM, Dhanbad, the association of employees withdrew said L.P.A. No.176 of 2014 which was dismissed as withdrawn vide order dated 08.09.2017.

¶174

The petitioners were placed under GPF Scheme vide office order dated 01.09.2017 (Annexure-9) to the Writ Petition.

¶175

¶176

The decision of Board of Governors by which the petitioners were placed under the GPF Scheme did not find favour of the Government of India and vide letter dated 29.07.2019 of the Ministry, the Chairman/ Board of Governors and did not agree regarding switching over of those who had earlier opted CPF Scheme to GPF cum Pension Scheme.

¶177

In view of the letter of the Ministry, IIT/ ISM withdrew the office order dated 01.09.2017 by the letter dated 03.10.2019 which is under challenge in all these Writ Petitions.

¶178

Counsel for the petitioners relies on the judgment reported in 2022 SCC OnLine SC 599 wherein it has been specifically held that for the employees who have joined after 01.01.1986, there was no question of application of CPF Scheme as will always be in GPF scheme. The inviting option by the ISM was a mistake which they realized after passage of some time, but that cannot be a basis to saddle the petitioners with a scheme which was not intended for them.

¶179

The stand of the Ministry of Government of India that switch-over option was not available from CPF to GPF for these petitioners /employees is not tenable for the reason that it was not a case of switch over, but it is a case of application of a scheme because the said stand is counter to the scheme which emphatically states that “the 4^th Central Pay Commission has recommended that all CPF beneficiaries in service on June, 1^st , 1986 should be deemed to have come over pension scheme of that day unless they specifically opt out to continue under the CPF scheme, this office memorandum has been clarified by Hon’ble the Supreme Court in the said judgment reported in 2022 SCC OnLine SC 594 wherein it has been held

¶180

“ 35. According to the notification dated 01.05.1987, the employees joining the service after 01.01.1986 would always be under GPF. With respect to those who were in service on 01.01.1986, said employees would be deemed to have “come over” to GPF unless an option to continue to be under CPF was consciously exercised before the cut-off date .”

¶181

Mr. A. K. Mehta, learned counsel for the respondent(s)-IIT/ ISM does not dispute the factual assertions advanced on behalf of the petitioner(s). It is contended that Ministry of Human Resources Development Department vide their Letter being F.No.1-52/2017-IFD dated 29.07.2019 addressed to the Chairman, Board of Governors, Indian Institute of Technology (ISM), Dhanbad, stated that the matter was referred to the Department of Expenditure, Ministry of Finance through Integrated Finance Division of M.H.R.D. Department of Expenditure has clarified that they have long advised all Ministries/ Departments not to allow switch over from CPF to GPF-cum-pension scheme in case of employees of Autonomous Bodies, as per DO letter dated 16.03.2000.

¶182

¶183

Therefore, Department of Expenditure does not allow exception in this case. Therefore, Department of Expenditure does not allow exceptions in this case. M.H.R.D. advised the institute to take necessary action accordingly under intimation to all concerned.

¶184

In view of the said direction, the Finance Committee recommended to the directions of the M.H.R.D. on the issue and further recommended that notice for recovery of payment be served to all concerned.

¶185

Sri Prabhat Kumar Sinha, learned Sr.C.G.C. for the Union of India seeks adjournment for filing counter-affidavit. The instant Writ Petitions are of the year 2019 and vide order dated 06.11.2019, direction was given to file specific reply within six weeks and further on 21.11.2023, as a matter of last indulgence, further six weeks’ time was allowed, but till date the reply/counter-affidavit has not come on record. This is a case where almost all the petitioners have retired from the service and they are neither getting benefits under the CPF or GPF cum Pension Scheme due to on-going impasse.

¶186

Under the circumstances, the prayer for adjournment to file counteraffidavit is rejected.

¶187

On merit, it is submitted by Mr. Sinha appearing for the Union of India that ratio relied upon by the petitioners is not applicable in the facts and circumstances of the present case, as the facts are different and the authority in the instant case is with respect to the employees who have joined after 01.01.1986, but in the said authority some of the petitioners had joined before 01.01.1986 and had opted for the CPF Scheme. The petitioners had opted for the CPF Scheme and under the said scheme, the Central Government had made contributions towards the provident fund amount which was deducted from the employees as well as from the institute. Under the circumstances, to permit the petitioners to avail GPF cum Pension Scheme will saddle the State exchequer with much financial liabilities.

¶188

It is further submitted that in the Writ Petition being W.P.(S) No.2517 of 2009, the option of switching over to CPF to GPF fell for consideration and the petition was rejected by holding that such option was not available. This order has attained finality on withdrawal of the said LPA by the association, but the same matter is re-agitated.

¶189

It is further submitted that Annexure-11 is not under-challenge and the challenge is confined to Annexure-12.

¶190

From the assertions made, the undisputed fact that emerges is that the petitioners were appointed after the coming into force of the GPS scheme wef 01.01.1986. Counsel on behalf of the petitioners is factually correct that present case is not about switch over from the CPF scheme to that of GPF scheme, as when they

¶191

¶192

were appointed, this CPF scheme was not in force. Merely because the management of the Institute floated a misconceived offer inviting options from all the employees, including those who are appointed after 01.01.1986, cannot be the basis for perpetuating the error of applying this scheme which was not applicable to them. Option submitted by the petitioners against the provisions of the scheme shall be a nullity. The position regarding this has been set to rest by the judgement of Hon’ble Supreme Court, discussed above wherein it has been specifically stated that GPF scheme was applicable to those who joined after the date when it came into force, the option of switching over was there to those who are in service at the relevant date.

¶193

Under the aforesaid facts and circumstance there cannot be any doubt that GPF-cum-pension scheme shall be applicable to these petitioners. Accordingly, the decision of the Board of Governors in its 11^th meeting held on 04.09.2019 [as mentioned in the letter dated 03.10.2019], insofar as it relates to acceptance of the directions of Ministry of Human Resources Development dated 29. O7.2019 addressed to the chairman of the Board of Governors IIT (ISM), to apply Contributory Provident Fund scheme to the petitioners, is set aside.

¶194

Petitioners shall however be liable for recovery of the employer contribution under CPF scheme with interest accrued thereon.

¶195

Writ Petitions are accordingly allowed.

¶196

I .A(s), if any, stands disposed of.

¶197

( Gautam Kumar Choudhary, J. )

¶198

Sandeep/

¶199

Uploaded.

Chandan Bhar v. the Union of India through the Secretary Department of Higher Education Ministry of H R D

Case brief

What is this about?

What did the court decide?

Chandan Bhar v. the Union of India through the Secretary Department of Higher Education Ministry of H R D

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Thachat Viswanath Narendran Vs the State of Jharkhand

Satish Bakshi Vs the State of Jharkhand

Laxman Munda Vs the State of Jharkhand

Keshav Kumar Sinha Vs the State of Jharkhand And Ors.

Shishir Gupta Vs the Union of India through the Secretary Department of Higher Education Ministry of H R D

Virendra Kumar Vs the Union of India through the Secretary Department of Higher Education Ministry of H R D