MALATHY PISHARASYAR N. S. Vs. KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) These review petitions arise from a common judgment passed by this Court dismissing a challenge made against an order of the Central Administrative Tribunal. The review petitioners, who were the petitioners before this Court and the applicants before the Tribunal, are retired employees from the Kendriya Vidyalaya Sangathan. The issue that was considered by this Court was whether they are entitled to switch over from the Contributory Provident Fund (CPF) Scheme to the General Provident Fund (GPF) Scheme. The Tribunal as well as this Court rejected their claim.

(2.) The present review petitions are filed citing a judgment of the Rajasthan High Court, Jaipur Bench, in DB Civil Writ Petition No. 16677/2022, filed by the Kendriya Vidyalaya Sangathan and another. It is appropriate to refer the relevant portion of the Rajasthan High Court judgment, at para.10:

(3.) The Kendriya Vidyalaya Sangathan is a single entity. If one set of employees is allowed to switch over, the same cannot be denied to another set of similarly situated employees. In such circumstances, we are of the view that the matter requires consideration by reviewing the judgment. Accordingly, the review petitions are allowed, and the original petitions are restored. Registry shall post the original petitions before the appropriate Court according to the roster.