UNION OF INDIA Vs. SHYAM BABU MAHESHWARI

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal against the order dated 23.05.2006 of the Division Bench of the Rajasthan High Court, Jaipur Bench, dismissing Civil Special Appeal (Writ) No. 898 of 2005 of the Appellant.

(3.) The facts of this case are that the Respondent was in the service of the National Council of Educational Research and Training (for short the NCERT). The employees of the NCERT were given an option to choose either the Central Provident Fund Scheme (for short the CPF Scheme) or the General Provident Fund-cum-Pension Scheme (for short the Pension Scheme). In 1977, the Respondent opted for the CPF Scheme. On 31.07.1984, the Respondent retired from service and withdrew his benefits under the CPF Scheme. On 06.06.1985, the Ministry of Personnel and Training Administrative Reforms & Public Grievances and Pension (Department of Personnel and Training) issued O.M. No. F.3(1)-Pension Unit/85 (for short the O.M. dated 06.06.1985) intimating the decision of the Government that Central Government employees who had retained the Contributory Provident Fund benefits in terms of Rule 38 of the Contributory Provident Fund Rules, 1962 or in terms of any other orders issued in that behalf, may be allowed another opportunity to opt for the Pension Scheme as laid down in the Central Civil Services (Pension) Rules, 1972. In the O.M. dated 06.06.1985, it was made clear that the option was open to those employees who were in service on 31.03.1985 and were retiring from service on or after that date. NCERT issued a circular dated 18.07.1985 intimating all concerned that employees of NCERT, who had earlier opted for the CPF Scheme, may exercise their option before 06.12.1985 to switch over to the Pension Scheme and such option once exercised will be treated as final.