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december 2009

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.

Union Of India & Anr vs M.M. Sarkar · Niyam