K. SUMAN CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Delay condoned.

(2.) The petitioner takes exception to the order dtd. 8/8/2023 passed by the Division Bench of the High Court of Telangana [ For short, 'the High Court'] at Hyderabad by which the challenge raised by the first and second respondents to the order dtd. 15/7/2019 passed by the Central Administrative Tribunal [For short, 'the CAT'], Hyderabad in Original Application [For short, 'O.A.'] No.45 of 2017 has been upheld and that order has been set aside. Consequently, the O.A. has been dismissed.

(3.) Briefly stated, the petitioner seeks a declaration that pursuant to service rendered by him at the National Institute of Rural Development [ For short, 'NIRD'] and having retired from the post of Professor, he is entitled to be covered under the General Provident Fundcum- Pension Scheme [For short, 'GPF'] and not under the Central Pension Fund Scheme [For short, 'CPF'] so as to receive necessary benefits. The petitioner was initially appointed as Research Associate with the NIRD on contractual basis on 12/11/1984. As per the Office Order dtd. 13/11/1984, he was covered under the CPF Scheme. His services were, thereafter, regularised with effect from 7/11/1985 pursuant to Office Order dtd. 5/6/1985. Subsequently, he was appointed as Assistant Director on 9/3/1992 on regular basis, as Deputy Director on 10/8/1999 on contractual basis and as Professor on 1/5/2007 on contractual basis. His services were, thereafter, regularised on the post of Professor by Office Order No.98 dtd. 4/5/2012. It may be noted that along with the petitioner, the services of Mr. Shyam Sunder Prasad Sharma [For short, 'Mr. S.S.P. Sharma'] on the post of Professor were also regularised. The petitioner retired from service on 31/1/2017 and was paid all his retiral benefits on 14/2/2017, which included the contribution of NIRD to the CPF amount besides his own contribution. Thereafter, the petitioner approached the CAT seeking a declaration that the action on the part of NIRD in continuing him under the CPF Scheme instead of the GPF Scheme was illegal and also contrary to the NIRD Rules of 2011 as well as the NIRD Service Bye-laws, Chapter IX Para 52 Sec. 4. He, accordingly, sought necessary consequential benefits pursuant to such declaration.