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may 2011

Supreme Court of India · 2011-05-09

UNION OF INDIA THR. SECRETARY,N.C.E.R.T. vs SHYAM BABU MAHESHWARI

Citation / case number
SC 2006/13769
Court
Supreme Court of India
Petitioner
UNION OF INDIA THR. SECRETARY,N.C.E.R.T.
Respondent
SHYAM BABU MAHESHWARI
Author
A. K. PATNAIK
Bench
R.V. RAVEENDRAN,A.K. PATNAIK, , ,

Judgment text excerpt

The Supreme Court held that the respondent, who opted for the Contributory Provident Fund (CPF) Scheme, was not entitled to switch to the Pension Scheme after retirement, as per the guidelines established in the O.M. dated 06.06.1985 and the ruling in Krishena Kumar v. Union of India [(1990) 4 SCC 207]. The Court emphasized that once an employee opts for the CPF Scheme, they cannot later request a switch to the Pension Scheme, affirming the distinct classification of employees under these schemes. The appeal against the Rajasthan High Court's dismissal of the respondent's claim was therefore dismissed, upholding the lower court's decision.

UNION OF INDIA THR. SECRETARY,N.C.E.R.T. vs SHYAM BABU MAHESHWARI · Niyam