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november 2006

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.

UNION OF INDIA vs S.L. VERMA . · Niyam