om:2-cl-2021-Jan — Applicant joined the service as Music Teacher on 3-1-1987. As per OM, dated 1-9-1988, persons who joined service on or after 1-1-1986 will be governed only by GPF-cum-Pension Scheme. In this case, Applicant joined service on 3-1-1987. Hence Applicant is entitled to come under GPF Scheme. Case of the Applicant is to be converted from CPF to GPF-cum-Pension Scheme for all intents and purposes

GPF

Applicant joined the service as Music Teacher on 3-1-1987. As per OM, dated 1-9-1988, persons who joined service on or after 1-1-1986 will be governed only by GPF-cum-Pension Scheme. In this case, Applicant joined service on 3-1-1987. Hence Applicant is entitled to come under GPF Scheme. Case of the Applicant is to be converted from CPF to GPF-cum-Pension Scheme for all intents and purposes — This chunk pertains to an OA (Original Application) No. 040/00472 of 2016, where the applicant, a Music Teacher, is seeking conversion from CPF (Contributory Provident Fund) to GPF-cum-Pension Scheme... — Facts:Applicant presently is working as Music Teacher of KVS No. 2, AFS, Tezpur. He filed this OA to come under GPF-cum-Pension Scheme as he is getting pension under the old scheme of CPF which is converted into GPF.
Praying for conversion from CPF to GPF, he filed O.A. No. 108 of 2016 earlier. The facts of that case had been discussed by the Tribunal which passed order on 6-4-2016. The said order pertaining to facts is extracted. Para. 2 of that order narrates the details and the result of that case directing the Respondents in that OA to consider permitting the Applicant to come under GPF-cum-Pension Scheme. The said judgment is reproduced. Thus Tribunal ordered that the Applicant is entitled to change over from CPF to GPF and the Respondents therein to consider the case of the Applicant vide impugned order, dated 18-7-2016. In compliance of that order of the Tribunal, dated 18-7-2016, the case of the Applicant having been considered rejected the prayer for conversion from CPF to GPF.
Assailing the said order, Applicant has again approached the Tribunal by filing this OA. According to Respondents' letter, dated 18-7-2016 had been passed as per rule. Hence there is no injustice done to the Applicant.
Both sides submitted their version in the case which was heard by the Guwahati Bench of the Tribunal.
"The issue to be decided here is, whether the Applicant is to be governed by GPF-cum-Pension Scheme or the CPF Scheme".
As per Para. 2 of the OM, dated 1-9-1988 "it had been decided that persons joining service in the Sangathan (KVS) on or after 1-1-1986 shall be governed only by the GPF-cum-Pension Scheme and will have no option for CPF Scheme.
Applicant herein joined KVS as Music Teacher on 3-1-1987. In a similar case before Ernakulam Bench of the Tribunal as relied by the Applicant, the Respondents stated that the Applicant opted to continue in CPF Scheme. Ernakulam Bench of the Tribunal after considering all the aspects declared that the Applicant in the case will be covered by GPF Scheme and accordingly allowed the OA. Respondents' appeal before the High Court was dismissed by Order, dated 13-8-2013. Relevant portion of the High Court order in Para. 7 held "that persons joining KVS service on or after 6 [ OPT (CAT), 597/2013 ] 1-1-1986 shall be governed only by GPF-cum-Pension Scheme and will have no option for CPF Scheme".
For the aforesaid reason, Tribunal held that it finds abundant substance in the conclusion arrived at by the learned Tribunal in the impugned Ext. P-4 order. SLP (Diary No. 1030/2014) filed before the Apex Court in that case was also dismissed on 26-3-2019.
Respondents failed to explain that the present case is different from the case quoted above either in their written statement or in the argument of the KVS.
Tribunal found that the case in Ernakulam Bench of another Applicant therein also joined on 6-10-1988, i.e. after 1-1-1986. Hence in that case, it was decided that GPF Scheme will apply. Hence present case and O.A. No. 457 of 2011 before the Ernakulam Bench are similar in as much in both cases joined in service of KVS after 1-1-1986 making them eligible to be covered under GPF Scheme as per OM, dated 1-9-1988. Hence the present case is governed by GPF, since persons joining on or after 1-1-1986 as the Applicant herein shall be governed by GPF Scheme. Hence the Applicant opting to continue in CPF is not acceptable inasmuch such option is not available to Applicant.
It is clear in a similar case of Ernakulam Bench, it was held that the Applicant is to be treated to come under GPF Scheme, which was upheld by High Court. The said order in that case had already been complied by KVS. Hence Tribunal found no reason to deviate from the order passed by the Ernakulam Bench of the Tribunal.
During the course of hearing, Applicant Counsel produced before the Tribunal a copy of the Letter No. 3-14/2012-UT-2, dated 8-1-2016 on the caption "conversion from CPF to GPF-cum-Pension Scheme reg.". Paras. 2 and 3 of the said letter is reproduced to enforce the same in the present case.
"Applicant's case ought to have been covered by the GPF Scheme as per OM, dated 1-9-1988 but KVS departed from the OM and covered the Applicant under CPF Scheme. HRD Ministry asked KVS to reconsider such cases where departure in the provisions of OM, dated 1-9-1988 was made by KVS during 1-1-1986 to 31-12-2013. Applicant's case is one such example. Though in Para. 5 of the written statement, Respondents submitted that the case of the Applicant would be examined in the light of clarification issued by MHRD vide Letter No. 3-14/2012-UT-2, dated 8-12-2016 but as asked by Ministry, KVS has not reconsidered the case of the Applicant".

GPF

Applicant joined the service as Music Teacher on 3-1-1987. As per OM, dated 1-9-1988, persons who joined service on or after 1-1-1986 will be governed only by GPF-cum-Pension Scheme. In this case, Applicant joined service on 3-1-1987. Hence Applicant is entitled to come under GPF Scheme. Case of the Applicant is to be converted from CPF to GPF-cum-Pension Scheme for all intents and purposes — This chunk pertains to an OA (Original Application) No. 040/00472 of 2016, where the applicant, a Music Teacher, is seeking conversion from CPF (Contributory Provident Fund) to GPF-cum-Pension Scheme... — Facts:Applicant presently is working as Music Teacher of KVS No. 2, AFS, Tezpur. He filed this OA to come under GPF-cum-Pension Scheme as he is getting pension under the old scheme of CPF which is converted into GPF.
Praying for conversion from CPF to GPF, he filed O.A. No. 108 of 2016 earlier. The facts of that case had been discussed by the Tribunal which passed order on 6-4-2016. The said order pertaining to facts is extracted. Para. 2 of that order narrates the details and the result of that case directing the Respondents in that OA to consider permitting the Applicant to come under GPF-cum-Pension Scheme. The said judgment is reproduced. Thus Tribunal ordered that the Applicant is entitled to change over from CPF to GPF and the Respondents therein to consider the case of the Applicant vide impugned order, dated 18-7-2016. In compliance of that order of the Tribunal, dated 18-7-2016, the case of the Applicant having been considered rejected the prayer for conversion from CPF to GPF.
Assailing the said order, Applicant has again approached the Tribunal by filing this OA. According to Respondents' letter, dated 18-7-2016 had been passed as per rule. Hence there is no injustice done to the Applicant.
Both sides submitted their version in the case which was heard by the Guwahati Bench of the Tribunal.
"The issue to be decided here is, whether the Applicant is to be governed by GPF-cum-Pension Scheme or the CPF Scheme".
As per Para. 2 of the OM, dated 1-9-1988 "it had been decided that persons joining service in the Sangathan (KVS) on or after 1-1-1986 shall be governed only by the GPF-cum-Pension Scheme and will have no option for CPF Scheme.
Applicant herein joined KVS as Music Teacher on 3-1-1987. In a similar case before Ernakulam Bench of the Tribunal as relied by the Applicant, the Respondents stated that the Applicant opted to continue in CPF Scheme. Ernakulam Bench of the Tribunal after considering all the aspects declared that the Applicant in the case will be covered by GPF Scheme and accordingly allowed the OA. Respondents' appeal before the High Court was dismissed by Order, dated 13-8-2013. Relevant portion of the High Court order in Para. 7 held "that persons joining KVS service on or after 6 [ OPT (CAT), 597/2013 ] 1-1-1986 shall be governed only by GPF-cum-Pension Scheme and will have no option for CPF Scheme".
For the aforesaid reason, Tribunal held that it finds abundant substance in the conclusion arrived at by the learned Tribunal in the impugned Ext. P-4 order. SLP (Diary No. 1030/2014) filed before the Apex Court in that case was also dismissed on 26-3-2019.
Respondents failed to explain that the present case is different from the case quoted above either in their written statement or in the argument of the KVS.
Tribunal found that the case in Ernakulam Bench of another Applicant therein also joined on 6-10-1988, i.e. after 1-1-1986. Hence in that case, it was decided that GPF Scheme will apply. Hence present case and O.A. No. 457 of 2011 before the Ernakulam Bench are similar in as much in both cases joined in service of KVS after 1-1-1986 making them eligible to be covered under GPF Scheme as per OM, dated 1-9-1988. Hence the present case is governed by GPF, since persons joining on or after 1-1-1986 as the Applicant herein shall be governed by GPF Scheme. Hence the Applicant opting to continue in CPF is not acceptable inasmuch such option is not available to Applicant.
It is clear in a similar case of Ernakulam Bench, it was held that the Applicant is to be treated to come under GPF Scheme, which was upheld by High Court. The said order in that case had already been complied by KVS. Hence Tribunal found no reason to deviate from the order passed by the Ernakulam Bench of the Tribunal.
During the course of hearing, Applicant Counsel produced before the Tribunal a copy of the Letter No. 3-14/2012-UT-2, dated 8-1-2016 on the caption "conversion from CPF to GPF-cum-Pension Scheme reg.". Paras. 2 and 3 of the said letter is reproduced to enforce the same in the present case.
"Applicant's case ought to have been covered by the GPF Scheme as per OM, dated 1-9-1988 but KVS departed from the OM and covered the Applicant under CPF Scheme. HRD Ministry asked KVS to reconsider such cases where departure in the provisions of OM, dated 1-9-1988 was made by KVS during 1-1-1986 to 31-12-2013. Applicant's case is one such example. Though in Para. 5 of the written statement, Respondents submitted that the case of the Applicant would be examined in the light of clarification issued by MHRD vide Letter No. 3-14/2012-UT-2, dated 8-12-2016 but as asked by Ministry, KVS has not reconsidered the case of the Applicant".

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