The Madras High Court dismissed a writ petition seeking a direction to the respondent to cover petitioners under the General Provident Fund Scheme and grant pension under CCS (Pension) Rules, 2021. The court held that the petition lacked merit as the matter was not challengeable after the material lapse of time.
Dismissal of the writ petition without costs.
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.
W.P.No.26961 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2024
CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.26961 of 2023
...Petitioners
-Vs-
Rep. by Secretary to Government (Education), Government of Puducherry, Puducherry.
...Respondents
1/8
W.P.No.26961 of 2023
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to cover the petitioners under the General Provident Fund Scheme and grant pension in accordance with CCS (Pension) Rules, 2021.
For petitioners : Mr.V.Kamalakumar For respondents 1 to 3 : Mr.R.Sreedhar Additional Government Pleader
ORDER
This writ petition has been filed for direction to the 2nd respondent to cover the petitioners under the General Provident Fund Scheme and grant pension in accordance with Central Civil Services (Pension) Rules, 2021.
2/8
W.P.No.26961 of 2023
being so, the 6th Governing Body meeting of RGSS was held on 09.04.1998
and resolved that regular staff of the school shall be covered under the General Provident Fund (GPF) Scheme. Later, in the 8th Governing Body Meeting held on 07.06.2005 it was resolved that Governing Body of the School to opt to Contributory Provident Fund (CPF) scheme in place of the existing GPF facilities, consequent to the Circular in O.M.No.G.19011/F2/2000(11) dated 16.05.2000 of Finance Department, Puducherry. The petitioners are the employees whose retirement benefit entitlements are subject to change due to said resolution. However, since all the petitioners were not even given the option before the said resolution. Therefore, all are covered by CPF and as such the petitioners submitted representations.
3/8
W.P.No.26961 of 2023
on adhoc basis and later they were regularized on temporary basis. After
bifurcation functions of RGSS governed by clause (vii) of its rules and regulations. Accordingly, the Governing Body shall have the entire control and management of the business and affairs of the society. The petitioners were covered under GPF Scheme as per resolution of the 6th General Body Meeting held on 09.04.1998. However, the said resolution was not approved by the Government. In the meanwhile, Government of Puducherry had issued I.D.Note/Office Memorandum No.468/FD/A1/2022-23 dated 22.09.2022 to follow the CPF Scheme by all the autonomous bodies/Corporations/Societies/Boards etc., who are recipient of Grant-inAid from Government. Following the same, the 8th Governing Body meeting held on 07.06.2005 and accordingly they were switched over to CPF fund in lieu of the GPF Scheme. As per the Official Memorandum dated 14.04.2000 the Ministry of Home Affairs together with D.O. Letter dated 16.03.2000 of the Ministry of Finance Department of Expenditure stated as follows :
4/8
W.P.No.26961 of 2023
''In view of the above, we have been advising autonomous Bodies under various Ministries/Departments of the Government of India to continue to follow the CPF Scheme or the Autonomous Bodies, if they so desire, may work out an annuity scheme through the Life Insurance Corporation of India based on voluntary contributions by the employees and without any contribution from the Government or the employees may join the pension scheme introduced by the Ministry of Labour for the PF subscriber. If may please be noted that introduction of pension scheme on GOI pattern to the employees of Autonomous Bodies should not be agreed to as a role; any exception in this regard should be referred to this Department.''
5/8
W.P.No.26961 of 2023
be considered. Hence, this writ petition is devoid of merits and liable to be
dismissed. Accordingly, this writ petition is dismissed. No costs.
04.03.2024
Index : Yes/No Speaking/Non Speaking Order Neutral Citation : Yes/No gvn
6/8
W.P.No.26961 of 2023
To
7/8
W.P.No.26961 of 2023
G.K.ILANTHIRAIYAN,J. gvn
W.P.Nos.26961 of 2023
04.03.2024
8/8
3 issues framed by the court
Whether the direction to cover petitioners under GPF and grant pension under CCS (Pension) Rules, 2021 is maintainable.
Whether a fresh option was afforded to petitioners after twenty two years to choose between GPF and CPF.
Whether the resolution switching RFSS staff to CPF Scheme is entitled to post facto judicial approval.
2 provisions across 2 enactments
T.Jayasankar and others
Union of India
Secretary to Government (Education), Government of Puducherry
Director of School Education, Member Secretary, RGSS, Government of Puducherry
G.K. Ilangthirayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
