NATIONAL FEDERATION OF ATOMIC ENERGY EMPLOYEES Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two Original Applications are being disposed of by this Common Order since the issue involved in them is one and the same and the applicants are also identically situated. Applicants in these cases are two Organisations representing some of the employees and officers working in Bhabha Atomic Research Centre in Bombay under the Department of Atomic Energy. Admittedly, they are beneficiaries under the Contributory Provident Fund Scheme (CPF Scheme for short) ever since 1987. Their grievance is that the respondents have turned down the request made by them in 2008 to exercise a further option to change over from the CPF Scheme to the Pension Scheme, without any legal or valid reasons.

(2.) ON May 1, 1987, Department of Pension and Pensioners' Welfare under the Ministry of Personnel, Public Grievances and Pensions in the Government of India issued Annexure A -5 Office Memorandum with a view to facilitate the Central Government employees to change over from the Contributory Provident Fund Scheme to Pension Scheme in tune with the recommendation made by the IVth Central Pay Commission that all "CPF beneficiaries in service on January 1, 1986 be deemed to have come over to the Pension Scheme on that date unless they specifically opt out to continue under the CPF Scheme." Some of the clauses in the above Office Memorandum which are relevant for the purpose of this case are extracted hereunder:

(3.) ADMITTEDLY , applicants in these two cases (110 + 47) have continued to enjoy the benefits under the CPF Scheme ever since 1987. But it is contended by them that in 2007, one of their colleagues had sought certain information under the Right To Information Act as to whether the Department of Pension and Pensioners' Welfare had enlarged the period for exercise of option till December 30, 1987. It appears that the Department informed that it had never delegated its power to extend the period for exercising the option. The case of the applicants is that thereafter they took up the matter with the Department and made a request to afford them a further opportunity to exercise a "further option" to change over to the Pension Scheme. However, by Annexure A -1 communication dated September 3, 2009, Department of Atomic Energy informed applicant No. 1 that the request for a further option to switch over from CPF Scheme to Pension Scheme could not be acceded to. Similarly, in Annexure A -2 Office Memorandum dated July 6, 2009, Department of Pension and Pensioners Welfare also took the same view and rejected the prayer made by the applicants. Hence these two Original Applications.