SINDHU VISHWANATH PHADAKE Vs. PRINCIPAL KENDRIYA VIDYALAYA PUNE

JUDGEMENT

(1.) The Petitioner joined service as a teacher in the Adarsh Vidya Bhavan School on 1st November, 1957 where he worked until 24th June, 1973. The School was taken over by the Kendriya Vidyalaya Sangathan from 25th June, 1973. The Petitioner continued to work until 31st October, 1985 when she attained the age of superannuation of 60 years. The Petitioner was a contributory to the Central Provident Fund Scheme. A request was made by the Petitioner for being allowed to switch over to the pension scheme. That request was turned down and thereupon the Petitioner moved the Central Administrative Tribunal. The Tribunal dismissed the application filed by the Petitioner by its order dated 29th May, 2001 which is impugned in these proceedings.

(2.) The Tribunal noted that the pension scheme was made applicable to the Kendriya Vidyalaya Sangathan by an Office Memorandum dated 1st September, 1988. The Tribunal noted that under the terms thereof all those who had retired on or after 1st January, 1986 were eligible for pension. However, the Office Memorandum provided that a separate scheme of ex gratia was being worked out in respect of those CPF retirees who had retired prior to 1st January, 1986. In the circumstances, the Tribunal held that the Petitioner who had retired prior to the cut off date of 1st January, 1986 was not entitled to the benefit of the newly introduced pension scheme.

(3.) On behalf of the Petitioner reliance has been placed on the judgment of the Supreme Court in D.S. Nakara v. Union of India, (AIR 1983 SC 130) and to a judgment of a Division Bench of this Court in Shaila D. Varerkar v. State of Maharashtra (1999 II CLR 282) which followed the judgment of the Supreme Court. Counsel appearing for the Petitioner urged that there was no rationale in applying the cut off date of 1st January, 1986 and that the Petitioner should be granted full pensionary benefits.