Supreme Court of India · 2006-11-28
UNION OF INDIA vs S.L. VERMA .
- Citation / case number
- SC 2005/494
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- S.L. VERMA .
- Author
- S.B. SINHA
- Bench
- S.B. SINHA & MARKANDEY KATJU
Judgment text excerpt
The Supreme Court held that employees of the Bureau of Indian Standards, who were members of the Contributory Provident Fund Scheme, were deemed to have switched to the Pension Scheme as per the Office Memorandum dated 1.5.1987 unless they opted out by a specified date. The Court clarified that the burden of proving the exercise of option to remain in the CPF Scheme lay with the employees, and failure to provide such option by the deadline resulted in automatic transition to the Pension Scheme. The Court ruled in favor of the employees, affirming their right to the Pension Scheme as per the statutory provisions of the Bureau of Indian Standards Act, 1986 and the Central Civil Services (Pension) Rules, 1972.