Supreme Court of India · 2009-12-08
Union Of India & Anr vs M.M. Sarkar
- Citation / case number
- AIR 2009 SC (SUPP) 2158
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Anr
- Respondent
- M.M. Sarkar
- Author
- R.V.Raveendran
- Bench
- K S Radhakrishnan, R V Raveendran
Judgment text excerpt
The Supreme Court held that the respondent, who did not opt for the pension scheme despite multiple opportunities provided under various notifications, could not later claim the benefits of the pension scheme after more than 22 years post-retirement. The Court emphasized that the respondent's conscious decision to continue with the Contributory Provident Fund Scheme and his failure to exercise the option during the valid periods precluded him from seeking a belated switch to the pension scheme. The Court upheld the Railway Board's decision to reject the respondent's request as untenable, affirming the principle of finality in administrative decisions regarding pension options.