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june 2007

Supreme Court of India · 2007-06-06

K.V.S. vs JASPAL KAUR

Citation / case number
SC 2005/20755
Court
Supreme Court of India
Petitioner
K.V.S.
Respondent
JASPAL KAUR
Author
ARIJIT PASAYAT
Bench
D.K. JAIN DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the decision of the Central Administrative Tribunal (CAT) granting respondent no. 1 the right to switch from the Contributory Provident Fund (CPF) Scheme to the General Provident Fund (GPF) Scheme, citing the lack of direct evidence from the appellants to prove that the respondent had opted for the CPF Scheme. The Court emphasized that the absence of original documents does not negate the validity of the respondent's claims, and directed that she be entitled to the benefits of the GPF cum Pension Scheme from the due date. The judgment reinforces the principle that procedural lapses by the employer cannot deprive an employee of rightful benefits under service rules.

K.V.S. vs JASPAL KAUR · Niyam