PRIYANKAR UPADHYAYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners, in above referred writ petitions, are retired teaching and non-teaching employees of Banaras Hindu University and they are beneficiaries of Contributory Provident Fund Scheme (hereinafter referred to as 'CPF Scheme').

(2.) Government of India has issued an Office Memorandum dtd. 1/5/1987 on a subject 'Change over of the Central Government employees from the Contributory Provident Fund Scheme to Pension Scheme-Implementation of the commendations of the Fourth Central Pay Commission'. Salient features of said Office Memorandum are reproduced hereinafter:

(3.) In pursuance of above Office Memorandum, the Deputy Registrar (Administration), Banaras Hindu University has made a communication to Secretary, University Grants Commission to sent copies of order on the subject to switch over to CPF Scheme to General Provident Fund-cum-Pension Scheme (hereinafter referred to as 'GPF-cum-Pension Scheme') and accordingly Under Secretary of University Grants Commission by communication dtd. 19/1/1988 sent an Office Memorandum to Registrar of many Central Universities including Registrar of Banaras Hindu University on above referred issue. After due deliberation office of Registrar (Administration), Banaras Hindu University issued an Office Memorandum dtd. 9/4/1988 on the subject 'Change over of the Central Government employees from the Contributory Provident Fund Scheme to Pension Scheme-Implementation of the commendations of the Fourth Central Pay Commission'. This communication was addressed to Head of different Departments of Banaras Hindu University. The contents of communication, being relevant for the purpose of adjudication of present cases, are reproduced hereinafter: