LAWS(ORI)-2010-9-33

PURNA CHANDRA DAS Vs. BOARD OF GOVERN

Decided On September 27, 2010
PURNA CHANDRA DAS Appellant
V/S
Board Of Govern Respondents

JUDGEMENT

(1.) Petitioner seeks direction of the Court to convert his C.P.F. account to G.P.F./Pension scheme.

(2.) Thus, after deletion of the restriction as aforesaid prescribed the ex-servicemen re-employed in the Sainik Schools became entitled to get pension and GPF w.e.f. 01.04.1988. As per para-3 of Annexure-2, they were allowed to exercise their option in the prescribed pro forma in 1989 either for continuing with the existing C.P.F. scheme or to switch over to pension scheme along with G.P.F. As regards the employees, who were employed on or after 01.04.1988, were to be governed by the pension and G.P.F. scheme. It is further pleaded by the Petitioner that since he was appointed in the year 1990, he would be governed by the pension and G.P.F. scheme but the opposite party No. 2 most illegally and without application of mind had kept the Petitioner under the C.P.F. scheme.

(3.) The circular issued by the BOG were not circulated among the employees by the opposite parties. Hence, the Petitioner could not know about his entitlement to pension and GPF scheme. He came to know later INDIAN LAW REPORTS, CUTTACK SERIES [2010] on and immediately on 31.07.1995 he made representation to the opposite party No. 2 requesting him to change his CPF account to G.P.F. scheme. Thereafter, he made several representations to opposite party No. 2 in this respect. The last representation was given on 11.12.2006. All his representations remained unheard at the level of the opposite party No. 2. Thereafter, he made representation to opposite party No. 1 on 20.07.2008. But no action has been taken as yet on the same.