ups_01252 — Employees under Contributory Provident Fund (CPF) Scheme, if they have not given option to come to Pension Scheme or remain in CPF by 30-9-1987 such employees are deemed to have come under Pension Scheme. Here, the Applicant did not opt for CPF by 30-9-1987. She is entitled to come under Pension Scheme

Employees under Contributory Provident Fund (CPF) Scheme, if they have not given option to come to Pension Scheme or remain in CPF by 30-9-1987 such employees are deemed to have come under Pension Scheme. Here, the Applicant did not opt for CPF by 30-9-1987. She is entitled to come under Pension Scheme — The employee did not opt to continue under the Contributory Provident Fund (CPF) Scheme by the stipulated deadline, but later decided to come over to the Pension Scheme 14 years after the closure of ... — Facts : The Applicant, herein working as UDC in Department Atomic energy, was appointed on 5-5-1983 and she was covered under CPF Scheme. She got promotion as Assistant Accounts Officer with effect from 18-2-1992. The Applicant states that she did not opt to continue under CPF Scheme. Vide O.M. No. 4/1/87- PTC-1, dated 1-5-1987, Department of Pension and Pensioners' Welfare, Ministry of Personnel, Public Grievance and Pension, New Delhi called for option to come over to Pension Scheme giving option to CPF employees to continue in that scheme if they do not wish to come over Pension Scheme. However, the employees under CPF Scheme should give option to one of the Schemes by 30-9-1987. Applicant by her Representation, dated 2-4-2001 gave option to come over to Pension Scheme ie, 14 years after the closure of option by 30-9-1987. If no option to come over to Pension Scheme or remain in CPF scheme by the appointed date, he/she is deemed to have come over to Pension Scheme. However, her case to come over to Pension Scheme was rejected. Hence this OA is filed to bring her under Pension Scheme when she retires. The Respondent resists this OA on the ground of delay and laches on the part of the Applicant to come over to Pension Scheme. Government of India discontinued Pension Scheme to the employees who joined after 2-4-2001. Hence the decision of the Respondents to continue the Applicant under CPF Scheme is in order. No rejoinder has been filed. The case was considered by the Tribunal. The Respondents admit that there is a deemed provision as per Para. 3.2 of OM dated 1-5-1987. Thus Para. 3.2 reads as below: "3.2. The employees of the category mentioned above will however, have an option to continue under CPF Scheme if they so desire. The option will have to be exercised and conveyed to the concerned Head of Office by 30-9-1987 in the form enclosed if the employees wish to continue under CPF Scheme. If no option is received by the Head of Office by above date, the employees will be deemed to have come over to the pension scheme." Analyzing the above, it was held: