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Judgment
P.Madhavan, Judicial Member This Original Application has been filed by the applicants seeking the following reliefs:
" a) Issue a direction directing the respondents 1 to 3 to convert the provident fund of the applicants from CPF Scheme (Contributory Provident Fund Scheme) to GPF Scheme (General Provident Fund Scheme) and to grant pension in accordance with CCS (Pension) Rule, 1972 in the light of Ann.A7 & A8 judgments.
b)Declare that the applicants are entitled to get transfer their CPF Scheme (Contributory Provident Fund Scheme) to GPF Scheme (General Provident Fund Scheme) as they joined in the service before 31.12.2003 and by virtue of the legal fiction created by Ann.A2, A3, A5 & A6 and consequential benefits.
c)declare that in terms of para 2 of the bye-law the applicants are to be enrolled in the GPF Scheme (General Provident Fund Scheme) and are entitled to get pension under the CCS (Pension) Rule, 1972 in the light of Ann.A7 & A8 judgments.
d)Grant such other and further reliefs as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case. ''
The brief facts of the case are as follows: The applicants joined in the service of the first respondent which is fully owned and funded by the Government of India as an autonomous institution, considering the discharge of function to be executed, in time bound manner, on various dates in various cadre before 31.12.2003 and before National Pension Scheme came into force. The applicants submit that they are governed by CCS (Classification Control and Appeal) Rules, 1972 as adopted in Annexure A-1 bye- law and by virtue of Annexures A-2, A-3, A-5 and A-6, they are entitled to be enrolled in the GPF Scheme. But they were enrolled in the CPF Scheme without any option exercised by the applicants. The question raised in this O.A is that whether the applicants are entitled to convert their Provident Fund from CPF Scheme to GPF Scheme and to get pension in terms of CCS Pension Rule, 1972.
When the matter came up for hearing, Counsel for the applicant has produced a copy of the representation submitted by the applicants as Annexure A-9 and submits that the applicants will be satisfied if the Annexure A-9 representation is considered by the respondents in the light of relevant rules, regulations and decisions of various Court's and pass a speaking order within a time limit.
Counsel for respondent nos.1 to 3 Adv.Ms.Sudhi Vasudevan,Sr with Adv.Mr.Jose Jones Joseph and Adv.Mr.P.B.Unnikrishnan representing Adv.Mr.S.Sreenath,ACGSC are present.
In view of the limited submission, the respondents are directed to consider the representation at Annexure A-9 in the light of relevant rules, regulations and decisions of various Court's and pass a speaking order within a period of three months from the date of receipt of a copy of this order.
The Original Application is disposed of as above. No costs.
List of Annexures
Annexure A1 - A true copy of the bye-law for C-MET adopted by the ministry
Annexue A2 - A true copy of the memorandum dated 1.5.1987 issued by the Government of India
Annexure A3 - A true copy of the Office Memorandum dated 23.7.1996 of the Government of India
Annexure A4 - A true copy of the notification dated 22.12.2003 issued in the Government of India Gazette
Annexure A5 - A true copy of the memorandum dated 17.2.2020 issued by the Government of India
Annexure A6 - A true copy of the office memorandum dated 31.3.2021 issued by the Government of India
Annexure A7 - A true copy of the judgment as reported 2006(12) SCC 53
Annexure A8 - A true copy of the judgment dated 23.4.2021 in W.P(C) No.10993/2020
Annexure A9- A true copy of the representation dated 19.7.2021 submitted by the applicants before the third respondent.