Ajay Kumar Mittal, J. - (1.) By way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to convert her Contributory Provident Fund (CPF) into General Provident Fund (GPF) account under the memorandum dated 1.5.1987 (Annexure P-3) issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners' Welfare Office promulgated vide Kendriya Vidyalaya Sangathan (KVS), New Delhi memorandum dated 1.9.1988 permitting its employees to change over from the CPF to GPF Scheme.
(2.) A few facts necessary for adjudication of the instant writ petition as narrated therein may be noticed. The petitioner is working as a Primary Teacher in KVS, Sector 31, Chandigarh since June 25, 2014. She is on the rolls of KVS as a Permanent Primary Teacher since August 22, 1984 and was governed by CPF. Under the authority of Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners' Welfare Office memorandum dated 1.5.1987 (Annexure P-3), the KVS vide its office memorandum dated 1.9.1988 permitted its employees to change over from CPF to GPF. Further, in the 51st Meeting of the Board of Governors of the KVS, held on 31.5.1988, it was approved that the KVS will implement mutatis mutandis the decision taken by the Government of India on the implementation of the Fourth Pay Commission for the employees to change over from CPF to GPF Scheme which is clear from Page IV, Part II of Fourth Edition of Accounts Code (Annexure P-4). In this way, all the CPF beneficiaries who were in service on 1.1.1986 and were still in service on 1.9.1988 were deemed to have come under the GPF Scheme unless an option to retain their CPF Scheme was received by the Head of the Office/Principal by 28.2.1989. Since the petitioner never exercised the option to retain CPF Scheme, she should have automatically been shifted from CPF to GPF Scheme by the KVS. The petitioner had joined KV, Baddowal on 18.1.1992 and then KV No.2, Ferozepur Cantt. on 22.12.1992 on transfer, yet her previous KV, Gangtok had not despatched her service book and personal file to her new school on her transfer in January, 1992. After numerous reminders and intervention of KVS, New Delhi vide its letter dated 18.7.1996 (Annexure P-5), her service book and personal file were received by KV No.2, Ferozepur Cantt. in October, 1996, after a gap of five years. In 1994-95, during her tenure in KV No.2, Ferozepur Cantt., the petitioner was asked to get her CPF Account changed into GPF Account. Accordingly, the petitioner requested the Principal for conversion of her CPF Account into GPF Account, but no action was taken on the ground that her service book and personal file had not been received from KV, Gangtok after her transfer. The petitioner vide letter dated 4.3.2004 (Annexure P-6) requested to the Assistant Commissioner, KVS Regional Office, Jammu Region, Jammu for conversion of her CPF Account into GPF Account through KV No.4, Mamun Cantt. letter dated 9.3.2004 (Annexure P-7). The said request was rejected by the KVS, Jammu vide letter dated 19/25.3.2004 (Annexure P-8). Again the petitioner vide application dated 7.12.2009 (Annexure P-9) made a request to respondent No.1 for converting her CPF Account into GPF Account through KV No.3, BRD, Air Force Station, Chandigarh letter dated 9.12.2009, but to no effect. As per medical record (Annexure P-10), the petitioner was suffering from Ovarian Cancer which was got detected in its advanced stage in August 2012 and she had to undergo six cycles of chemotherapy. At present, she is undergoing chemotherapy treatment since 21.10.2015. The petitioner again made a request vide application dated 12.10.2015 (Annexure P-11) to respondent No.1 for conversion of her CPF Account into GPF Account through KV, Sector 31, Chandigarh letter dated 14.10.2015 (Annexure P- 12), but all in vain. Accordingly, the petitioner served a legal notice dated 11.1.2016 (Annexure P-13) upon respondents No.1 and 2 for conversion of her CPF Account into GPF Account. However, no response was received from them. Thereafter, the petitioner filed OA No. 060/00172/2016 on 24/28.2.2016 (Annexure P-1) before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (in short "the Tribunal"). The Tribunal vide order dated 29.2.2016 (Annexure P-1/A) dismissed the said OA in limine being time barred. However, the petitioner received the reply dated 2.3.2016 (Annexure P-2) to the legal notice. Hence, the present writ petition.
(3.) After hearing learned counsel for the petitioner, we do not find any merit in the writ petition.;