KANTA BATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS batch of writ petitions fall in Category -2, as formulated by my predecessor vide order dated 21.05.2012. Category -2, comprises of those employees, who had exercised a positive option to continue under the CPF Scheme on or before the cut -off date i.e., 30.09.1987. This batch comprises of six (6) writ petitions.

(2.) TO be noted, apart from the aforementioned singular fact which distinguishes the other two batches, which fall under Category 1 & 3, there is consensus amongst the counsels, that there is no other distinction on facts. Therefore, the only aspect that I am required to examine (to the extent it is not covered by my judgment in the batch of writ petitions, in which the lead petition is numbered as : WP(C) 1490/2006 -1507/2006, titled as : Dr. R.N. Virmani and Ors. Vs. University of Delhi and Anr.) is: whether the writ petitioners in this batch would also stand covered under the General Provident Fund -cum -Pension Scheme (in short the Pension Scheme) notwithstanding the fact that they had given positive option to continue under the Contributory Provident Fund (CPF) Scheme on or before the cut -off date i.e.,30.09.1987.

(3.) MS . Palli, who led the arguments on behalf of the petitioners submitted as follows : -