OP (CAT) Nos.124, 130, 131, 151 and 152 of 2019

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 ``` ``` OP (CAT) NO. 124 OF 2019 ``` ``` AGAINST THE COMMON ORDER DATED 20.02.2019 IN O.A.NO.365/2018 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH ``` ``` ------ ``` ## **`PETITIONER:`** ``` M.R.INDIRA, AGED 59 YEARS, WIFE OF RAJASEN V, RESIDING AT 35/2112-C,FRIENDSHIP COLONY (FN-24),SOUTH JANATHA, PALARIVATTOM, KOCHI-682 025. ``` ``` BY ADVS. ``` ``` SUKUMAR NAINAN OOMMEN SRI.SHERRY SAMUEL OOMMEN SHRI.JONATHAN PREETHAM PAUL LAKSHMI SEETHARAMAN VINAY VIJAY SHANKER ``` ## **`RESPONDENTS:`** ``` 1 KENDRIYA VIDYALAYA SANGATHAN, REPRESENTED BY ITS COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN HEADQUARTERS,18, ``` ``` INSTITUTIONAL AREA, SHAHIDJEET SINGH MARG, NEW DELHI-110 0602. ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:2:- ``` OP (CAT) NO. 124 OF 2019 ``` - **`2 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI-110 001.`** - **`3 K.K.THOMAS, AGED 67 YEARS, S/O.LATE SRI.KURIALA, RESIDING AT KUDILIL HOUSE, KALAMPOOR, PIRAVOM, KERALA-686 664.`** - **`4 M.J.PAULY, AGED 67 YEARS, S/O.LATE SRI.M.V.JACOB, RESIDING AT MALIYEKAL MAMBADAN HOUSE, CHITTILAPPILLY P.O., THIRSSUR-680 551.`** - **`5 N.ALIMA BEEVI, AGED 66 YEARS, W/O. LATE SRI.U.M.ISMAIL, RESIDING AT DARUSSALAM, NEAR CRPF PALLIPURAM-695 316.`** - **`6 E.B SHOBANA, AGED 62 YEARS W/O. K.G.SUDHAKARAN.T.R., RESIDING AT KADAVILKOTTUKAL HOUSE, PURANATTUKARA, THRISSUR-6809 551`** - **`7 M.PARAMESWARAN, AGED 62 YEARS, S/O. LATE SRI. M. VASUDEVAN NAMBOODIRI, RESIDING AT SINDURAM, MOZHIKUNNATH MANA, CHERPULASSORI P.O., PALAKKAD-679 503`** - **`8 BHANUMATHI K.P., AGED 61 YEARS, W/O.SREEKUMARAN.T.R., RESIDING AT SREE VIHAR, 58/1157, GEORGE EADEN CROSS ROAD-3, PANAMPILLY NAGAR, KOCHI-682 036`** - **`9 N.K.VIMALA, W/O.V.K.JOHN, AGED 68 YEARS RESIDING AT VAKKECHALILL HOUSE, THAMARAKKAD, VELIYANNOR P.O., KOTTAYAM-685 634.`** ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` ``` OP (CAT) NO. 124 OF 2019 ``` -:3:- ``` 10 ELIZABETH ESTHAPPAN, AGED 68 YEARS, W/O.E.C.ESTHAPPAN, RESIDING AT H.NO.31, NAVARGRAHA LANE, A.C.S.SCHOOL ROAD, KALOOR, ERNAKULAM-682 017. ``` ``` 11 SATHY JANARDANAN, AGED 62 YEARS, W/O.O.E.JANARDANAN, RESIDING AT OLEDATHU HOUSE, SREE NAGAR COLONY, P.O.MATHURA ROAD, PALAKAD-678 007. ``` ``` BY ADVS. SRI.AADITYA NAIR SHRI.BEN RAJ K.R. SRI.K.I.MAYANKUTTY MATHER, SC SRI.S.MANU, DSGI ``` ``` THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 09.10.2023 ALONG WITH OP (CAT).131/2019 AND CONNECTED CASES, THE COURT ON 31.10.2023 DELIVERED THE FOLLOWING: ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:4:- ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 ``` ``` OP (CAT) NO. 130OF 2019 ``` ``` AGAINST THE COMMON ORDER DATED 20.02.2019 IN O.A.NO.365/2018 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH ``` ``` ----- ``` ## **`PETITIONER:`** ``` K.K.THOMAS, AGED 67 YEARS, S/O.LATE SRI KURIALA, RESIDING AT KUDILIL HOUSE, KALAMPOOR, PIRAVOM, KERALA-686 664. ``` ``` BY ADVS. ``` ``` SUKUMAR NAINAN OOMMEN SRI.SHERRY SAMUEL OOMMEN SHRI.JONATHAN PREETHAM PAUL ``` ## **`RESPONDENTS:`** ``` 1 KENDRIYA VIDYALAYA SANGATHAN, REPRESENTED BY ITS COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN HEADQUARTERS, 18, INSTITUTIONAL AREA, SHAHIDJEET SINGH MARGE, NEW DELHI-110 602. ``` ``` 2 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI-110 001. ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:5:- ``` OP (CAT) NO. 130OF 2019 ``` - **`3 M.J.PAULY, AGED 67 YEARS, S/O LATE SRI.. M.V.JACOB, RESIDING AT MALIYEKAL NAMBADAN HOUSE, CHITTILAPPILLY P.O., THRISSUR-680 551.`** - **`4 N. ALIMA BEEVI, AGED 66 YEARS, W/O.LATE SRI.U.M. ISMAIL, RESIDING AT DARUSSALAM, NEAR CRPF PALLIPURAM-695 316.`** - **`5 E.B. SHOBANA, AGED 62 YEARS, W/O K.G.SUDHAKRAN T.R, RESIDING AT`** - **`KADAVILKOTTUKAL HOUSE, PURANATTUKARA, THRISSUR-680 551.`** - **`6 M. PARAMESWARAN, AGED 62 YEARS, S/O.LATE SRI M. VASUDEVAN NAMBOODIRI, RESIDING AT SINDURAM, MOZHIKUNNATH MANA, CHERPULASSORI P.O., PALAKKAD-679 503.`** - **`7 BHANUMATHI K.P., AGED 61 YEARS, W/O. SREEKUMARN T.R.RESIDING AT SREEVIHAR, 58/1157, GEORGE EDEN CROSS ROAD-3, PANAMPILLY NAGER, KOCHI-682 036.`** - **`8 N.K.VIMALA, AGED 68 YEARS W/O V.K.JOHN, RESIDING AT VAKKECHALIL HOUSE, THAMARAKKAD, VELIYANNOR P.O.,KOTTAYAM-685 634.`** - **`9 MRS. M.R INDIRA, AGED 59 YEARS, WIFE OF RAJASEN V, RESIDING AT 35/2112-C, FRIENDSHIP COLONY (FN-24),SOUTH JANATHA, PALARIVATTOM, KOCHI-682 025.`** - **`10 ELIZABETH ESTHAPPAN, AGED 68 YEARS, W/O E.C.ESTHAPPAN, RESIDING AT H.NO.31, NAVAGRAHA LANE, A.C.S.SCHOOL ROAD, KALOOR, ERNAKULAM-682 017`** ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` ``` OP (CAT) NO. 130OF 2019 ``` -:6:- ``` 11 SATHYJANARDANAN, AGED 62 YEARS, W/O O.E.JANARDANAN, RESIDING AT OLEDATHU HOUSE, SREE NAGAR COLONY, P.O.MAUTHAROAD, PALAKKAD-678007. ``` ``` BY ADVS. SRI.AADITYA NAIR SHRI.BEN RAJ K.R. SRI.K.I.MAYANKUTTY MATHER, SC SRI.S.MANU, DSGI ``` ``` THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 31.10.2023, ALONG WITH OP (CAT).131/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:7:- ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 ``` ``` OP (CAT) NO.131 OF 2019 ``` ``` AGAINST THE COMMON ORDER DATED 20.02.2019 IN O.A.NO.180/2018 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH ``` ``` -------- ``` ## **`PETITIONER:`** ``` N.ALIMA BEEVI, AGED 66 YEARS, W/O.LATE SRI.U.M.ISMAIL, RESIDING AT DARUSSALAM, NEAR CRPF PALLIPURAM-695316. ``` ``` BY ADVS. SOHAIL MOHAMMED ANSARY SRI.SHERRY SAMUEL OOMMEN SHRI.JONATHAN PREETHAM PAUL M.S.MOHAMMED ANSARY(K/260/1981) AMEENA.R(K/001602/2018) ``` ## **`RESPONDENTS:`** ``` 1 KENDRIYA VIDYALAYA SANGATHAN, REPRESENTED BY ITS COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN HEADQUARTERS, 18, INSTITUTIONAL AREA, SHAHID JEET SINGH MARG, NEW DELHI-110602. ``` - **`2 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI-110001.`** ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:8:- ``` OP (CAT) NO.131 OF 2019 ``` **==> picture [442 x 505] intentionally omitted <==** **----- Start of picture text -----**<br> 3 K.K.THOMAS, S/O.LATE SRI.KURIALA, AGED 67 YEARS,<br>RESIDING AT KUDILIL HOUSE, KALAMPOOR, PIRAVOM,<br>KERALA-686664.<br>4 M.J.PAULY, S/O.LATE SRI.M.V.JACOB,<br>AGED 67 YEARS, RESIDING AT MALIYEKAL NAMBADAN<br>HOUSE, CHITTILAPPILLY.P.O., THIRSSUR-680551.<br>5 E.B.SHOBANA, W/O.K.G.SUDHAKARAN.T.R.,<br>AGED 62 YEARS, RESIDING AT KADAVIL KOTTUKAL<br>HOUSE, PURANATTUKARA, THRISSUR-680551.<br>6 M.PARAMESWARAN, S/O.LATE SRI.M.VASUDEVAN<br>NAMBOODIRI, AGED 62 YEARS, RESIDING AT SINDURAM,<br>KOZHIKUNNATH MANA, CHERPULASSERI.P.O.,<br>PALAKKAD-679503.<br>7 BHANUMATHI.K.P., W/O.SREEKUMARAN.T.R.,<br>AGED 61 YEARS, RESIDING AT SREE VIHAR, 58/1157,<br>GEORGE EDEN CROSS ROAD-3, PANAMPILLY NAGAR,<br>KOCHI-682036.<br>8 N.K.VIMALA, W/O.V.K.JOHN, AGED 68 YEARS,<br>RESIDING AT VAKKECHALIL HOUSE, THAMARAKKAD,<br>VELIYANNOR.P.O., KOTTAYAM-685634.<br>9 MRS.M.R.INDIRA, WIFE OF RAJASEN.V.,<br>AGED 59 YEARS, RESIDING AT 35/2112-C,<br>FRIENDSHIP COLONY (FN-24), SOUTH JANATHA,<br>PALARIVATTOM, KOCHI-682025.<br>10 ELIZABETH ESTHAPPAN, W/O.E.C.ESTHAPPAN,<br>AGED 68 YEARS, RESIDING AT H.NO.31,<br>NAVAGRAHA LANE, A.C.S.SCHOOL ROAD,<br>KALOOR, ERNAKULAM-682017.<br>**----- End of picture text -----**<br> ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:9:- ``` OP (CAT) NO.131 OF 2019 ``` ``` 11 SATHY JANARDANAN, W/O.O.E.JANARDANAN, AGED 62 YEARS, RESIDING AT OLEDATHU HOUSE, SREE NAGAR COLONY, P.O.MAUTHAROAD, PALAKKAD-678007. ``` ``` BY ADVS. K.I.MAYANKUTTY MATHER, SC SRI.AADITYA NAIR ``` ``` SRI.S.MANU, DSGI ``` ``` THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 09.10.2023, ALONG WITH OP (CAT).124/2019, 130/2019 AND CONNECTED CASES, THE COURT ON 31.10.2023 DELIVERED THE FOLLOWING: ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:10:- # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 ``` ``` OP (CAT) NO.151 OF 2019 ``` ``` AGAINST THE ORDER DATED 20.02.2019 IN O.A.NO.820/2018 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH ``` ``` ------ ``` ## **`PETITIONERS:`** - **`1 K.G.SUJAYA, AGED 63 YEARS, K.V.KALPETTA, SREE NIVAS, 10/86, NARAYANA KURUP ROAD, KEEZANDHI MUKKU, TIRUVANGAD POST, THALASSERY, KANNUR DISTRICT, KERALA P.O., PIN-670 103`** - **`2 ELSAMMA ULAHANNAN, MADATHIL HOUSE, 33/64, VAYATTU ROAD, VENNAL P.O., KOCHI-28.`** - **`3 MALATHY PISHARASYAR NS, NO.7A TOWER 3 PVS INIS, KUNNUMPURAM, P.O. DESOM, ALUVA, ERNAKULAM-683 102(KERALA).`** ``` BY ADVS. SUKUMAR NAINAN OOMMEN SRI.SHERRY SAMUEL OOMMEN SHRI.JONATHAN PREETHAM PAUL ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:11:- ``` OP (CAT) NO.151 OF 2019 ``` ## **`RESPONDENTS:`** - **`1 KENDRIYA VIDYALAYA SANGATHAN, REPRESENTED BY ITS COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN HEADQUARTERS, 18, INSTITUTIONAL AREA, SHAHID JEET SINGH MARG, NEW DELHI-110 602`** - **`2 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI-110 001.`** ``` BY ADV. MANU S., DSG OF INDIA SRI.K.I.MAYANKUTTY MATHER, SC ``` ``` THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 09.10.2023, ALONG WITH OP (CAT).131/2019 AND CONNECTED CASES, THE COURT ON 31.10.2023 DELIVERED THE FOLLOWING: ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:12:- ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 OP (CAT) NO. 152 OF 2019 ``` ``` AGAINST THE COMMON ORDER DATED 20.02.2019 IN O.A.NO.365/2018 OF ``` ``` CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH ``` ## **`PETITIONERS:`** - **`1 M.J.PAULY, AGED 66 YEARS, MALIYEKAL NAMBADAN HOUSE, CHITTILAPPILLY P.O.THRISSUR-680 551.`** - **`2 E.B. SHOBHANA, AGED 61 YEARS, KADAVIL KOTTUKAL HOUSE, PURANATTUKARA, THRISSUR-680 551.`** - **`3 M.PARAMESWARAN, AGED 61 YEARS, SINDURAM, MOZHIKUNNATH MANA, CHERPULASSORI P.O., PALAKKAD-679 503.`** - **`4 BHANUMATHI K.P., AGED 60 YEARS SREE VIHAR, 58/1157, GEORGE EDEN CROSS ROAD-3, PANAMPILLY NAGAR, KOCHI-682 036.`** - **`5 N.K.VIMALA, AGED 67 YEARS VEKKECHALIL HOUSE, THAMARAKKAD, VELIYANNOR P.O., KOTTAYAM-686 634.`** - **`6 ELIZABETH ESTHAPPAN, AGED 67 YEARS, H NO 31, NAVAGRAHA LANE, A.C.S SCHOOL ROAD, KALOOR, ERNAKULAM-682 017.`** ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:13:- - **`OP (CAT) NO. 152 OF 2019`** - **`7`** - **`SATHY JANARDANAN, AGED 61 YEARS, OLEDATHU HOUSE, SREE NAGAR COLONY, P.O.MAUTHAROAD, PALAKKAD-678 007`** ``` BY ADVS. SUKUMAR NAINAN OOMMEN SRI.SHERRY SAMUEL OOMMEN SHRI.JONATHAN PREETHAM PAUL ``` ## **`RESPONDENTS:`** ``` 1 KENDRIYA VIDYALAYA SANGATHAN, REPRESENTED BY ITS COMMISSIONER, KENDRIYA VIDYALAYA,SANGATHAN HEADQUARTERS, 18 INSTITUTIONAL AREA, SHAHID JEET SINGH MARG, NEW DELHI-110 602. ``` - **`2 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI-110 001.`** - **`3 K.K.THOMAS, AGED 67 YEARS, S/O.LATE SRI.KURIALA, RESIDING AT KUDILIL HOUSE, KALAMPOOR, PIRAVOM, KERALA-686 664.`** - **`4 MRS. M.R.INDIRA, AGED 59 YEARS, WIFE OF RAJASEN V, RESIDING AT 35/2112-C, FRIENDSHIP COLONY (FN-24), SOUTH JANATHA, PALARIVATTOM, KOCHI-682 025.`** - **`5 N. ALIMA BEEVI, AGED 66 YEARS, W/O. LATE SRI.U.M ISMAIL RESIDING AT DARUSSALAM, NEAR CRPF PALLIPURAM-635 316.`** ``` BY SRI.K.I.MAYANKUTTY MATHER, SC SRI.S.MANU, DSGI ``` ``` THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 09.10.2023, ALONG WITH OP (CAT).131/2019 AND CONNECTED CASES, THE COURT ON 31.10.2023 DELIVERED THE FOLLOWING: ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:14:- ## **`A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.`** ``` ----------------------------------------- ``` ## **`O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019`** ``` ----------------------------------------- ``` ## **`Dated this the 31[st] day of October, 2023`** ## **`J U D G M E N T`** ``` A.Muhamed Mustaque, J. ``` ``` In these original petitions, the petitioners question an ``` ``` order of the Central Administrative Tribunal on a batch of applications filed by them challenging refusal of the Kendriya Vidyalaya Sangathan to switch over from contributory Provident Fund Scheme (CPF) to the General Provident Fund Scheme (Pension Scheme) in accordance with the office memorandum issued by the Ministry of Personnel, Public Grievances & Pensions of GoI dated 1/5/1987. The Central Administrative Tribunal refused to interfere with the matter. 2. The petitioners were appointed prior to 1/1/86 as ``` ``` teachers of the Kendriya Vidyalaya Sangathan. They were governed ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` ## -:15:- ``` by the CPF Scheme. Consequent upon the decision of the Central Government permitting to switch over to GPF Scheme, as per office memorandum of the Kendriya Vidyalaya Sangathan 1/9/88, all existing employees were given the option to continue under the CPF Scheme or come over to the Pension Scheme. In all these matters, ``` ``` the petitioners, who were temporary employees, decided to remain in the CPF Scheme. All of them are now retired from service. ``` ``` 3. There is no dispute to the fact that the petitioners opted to remain in the CPF Scheme. They raised an argument before the Tribunal that due to disparities in the two schemes, they are now made to suffer because of the option exercised by them. It seems that the Pension Scheme is more beneficial to the employees. The Tribunal did not agree with the challenge made by the petitioners. ``` ``` 4. In these matters, learned counsel Sukumar Nainan Oommen appearing for the petitioners placed reliance on the judgment of ``` ``` the Apex Court in University of Delhi v. Shashi Kiran [2022 SCC OnLine ``` **`SC 594` ]** `and submits that the petitioners case is squarely covered by the said judgment.` ``` 5. We have gone through the facts involved in the judgment relied upon by the learned counsel for the petitioners. We find ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` ## -:16:- ``` that it has no application to the facts and situations in the present cases. The above matter is related to employees of Delhi University. They were covered by the CPF Scheme and by the notification of the Delhi University, they were given the option to switch over to the Pension Scheme. There were 3 categories of employees in the above matter. The Apex Court itself classified them, first batch - R.N. Veeramani batch of cases. That is a batch ``` ``` of cases in which employees had not exercised options and, therefore, by virtue of the notification they deemed to have come over to Pension Scheme. The second batch is N.C. Bakshi batch of cases. They did not exercise the option to come over to the Pension Scheme on the original cut-off date but exercised the option during extensions granted by the University. Third category is called the Shashi Kiran Batch of cases. They had originally exercised the option to remain in the CPF Scheme but they wanted to remain at par with the employees who exercised option after the ``` ``` cut-off date to come over to the Pension Scheme. As seen from the facts, 2469 employees were given a chance to switchover after the cut-off date. The Apex Court noted that 2469 having given such an option after the cut-off date, it was unjust to deny such opportunity to those employees who had exercised the option before ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` ## -:17:- ``` the cut-off date. It is appropriate to refer para.22 of the judgment which reads thus: ``` ``` 22. The differential treatment afforded to those 2469 employees as against the employees in Shashi Kiran batch of cases, was not founded on any rationale. No justifiable reason was coming forth. If those 2469 employees could be afforded chance to exercise an option of switchover to GPF, even though they had consciously opted to be under CPF, on principle of parity or equality, the case was certainly made out. ``` ``` It is in those particular circumstances the Apex Court had held in ``` ``` favour of such employees who exercised the option prior to the cut-off date. ``` ``` 6. In these matters, there is no such differential ``` ``` treatment meted out to the employees. Therefore, the petitioners cannot demand equal treatment nor can place reliance on the principles of parity. The petitioners consciously opted to remain in the CPF Scheme. ``` ``` 7. The learned Standing Counsel for the Kendriya Vidyalaya ``` ``` Sangathan placed reliance on the judgment of the Apex Court in Union of India and Others v. M.K.Sarkar [2010 KHC 6063] wherein it ``` ``` was held that as when an employee governed by CPF Scheme not opting ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:18:- ``` for Pension Scheme despite giving chances cannot exercise option after retirement. ``` ``` In the above circumstances, we do not find any error committed ``` ``` by the Tribunal. Many other judgments of other High Courts submitted by the learned counsel for the petitioners have no application in these matters. Thus, the original petitions fail, and are, accordingly, dismissed. ``` ``` Sd/- ``` ## **`A.MUHAMED MUSTAQUE, JUDGE`** ``` Sd/- ``` ``` SHOBA ANNAMMA EAPEN, JUDGE ``` ``` ms ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:19:- ## **`APPENDIX OF OP (CAT) 124/2019`** ``` PETITIONER EXHIBITS EXHIBIT P1 ``` ``` TRUE COPY OF O.A.180/00/365/2018 FILED BEFORE HON'BLE CAT ERNAKULAM ALONG WITH M.A.-JOINING TOGETHER APPLICATION TRUE COPY OF OFFICE ORDER NO.110125/2012- 13/KVS/CPF TO GPF/554 DATED 27.05.2013 (IMPUGNED IN O.A.) ``` ``` EXHIBIT P1 (A7) ``` ``` EXHIBIT P1 (A8)TRUE COPY OF O.M.NO.F19-20/2005-IFD DATED 22.02.2006 (IMPUGNED IN O.A) EXHIBIT P1(A1)TRUE COPY OF O.M.NO.4/1/87-PIC-I DATED 01.05.1987 EXHIBIT P1(A2)TRUE COPY OF MEMO F.NO/152/1/79/80/KVS BUDGET/PART-II DATED 01.09.1998 EXHIBIT P1(A3)TRUE COPY OF COMPARATIVE STATEMENT OF BENEFITS GIVEN TWO CLASSES OF PERSONS EXHIBIT P1(A4)TRUE COPY OF JUDGMENT DATED 10.01.2012 IN W.P(C) 33988/2011 EXHIBIT P1(A5)TRUE COPY OF JUDGMENT DATED 19.09.2012 IN W.P(C) 32117/2011 EXHIBIT P1(A6)TRUE COPY OF REPRESENTATION DATED 21.01.2013 OF KENDRIYA VIDAYALAYA CPF SUBSCRIBERS WELFARE SOCIETY EXHIBIT P1(A9)TRUE COPY OF REPRESENTATION DATED 24.04.2013 EXHIBIT P1(A10)TRUE COPY OF LETTER NO.110-125/2013- 14/KVS/CPF TO GPF DATED 13.08.2013 EXHIBIT P1 (A11)TRUE COPY OF LETTER NO.110-125/2013- 14/KVS/CPF TO GPF DATED 05.05.2004 EXHIBIT P1 (A12)TRUE COPY OF JUDGMENT DATED 24.08.2016 IN L.P.A 410/2014 AND CONNECTED CASES EXHIBIT P2REPLY STATEMENT FILED ON BEHALF OF RESPONDENT NO.1 EXHIBIT P2 (A1)A TRUE COPY OF LETTER NO.F3-14/2012-UT-2 DATED 07.04.2015 ISSUED BY MINISTRY OF HRD EXHIBIT P2 (A2)A TRUE COPY OF LETTER NO.F3-14/2012-UT-2 ``` ``` A TRUE COPY OF LETTER NO.F3-14/2012-UT-2 DATED 07.04.2015 ISSUED BY MINISTRY OF HRD A TRUE COPY OF LETTER NO.F3-14/2012-UT-2 DATED 08.12.2016 ISSUED BY MINISTRY OF HRD ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` ## -:20:- ## **`APPENDIX OF OP (CAT) 124/2019`** ``` EXHIBIT P3 ``` ``` EXHIBIT P4 EXHIBIT P5 ``` ``` REJOINDER FILE DBY APPLICANT ALONG WITH M.A.2 TO ACCEPT ADDITIONAL DOCUMENT-TRUE COPY OF ORDER NO.110125/2018/KVS/PF/COURT CASE/RENUKA DEVI/3279 DATED 31.07.2018(ANNEXURE A13) ``` ``` ARGUMENT NOTE FILEDBY ADVOCATE M.R.HARIRAJ CERTIFIED COPY OF ORDER DATED 20.02.2019 OF HON'BLE CAT ERNAKULAM IN ORIGINAL APPLICATION NO180/00365/2018 AND CONNECTED CASE O.A.180/00/820/2018 ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:21:- ## **`APPENDIX OF OP (CAT) 130/2019`** ``` PETITIONER EXHIBITS EXHIBIT P1 ``` ``` EXHIBIT P1TRUE COPY OF O.A 180/00/365/2018 FILED BEFORE HON'BLE CAT ERNAKULAM ALONG WITH MA JOINING TOGETHER APPLICATION EXHIBIT P1(A2)TRUE COPY OF MEMO F NO/152/179/80/KVS BUDGET/PART-11 DATED 1.9.1998 EXHIBIT P1(A7)TRUE COPY OF OFFICE ORDER NO 110125/2012 13/KVS/CPF TO GPF/554 DATED 27.5.2014(IMPUGNED ON OA) EXHIBIT P1(A8)TRUE COPY OF OM NO F19-20/2005-IFD DATED 22.2.2006 (IMPUGNED IN OA) EXHIBIT P1(A1)TRUE COPY OF OF NO 4/1/87-PIC-1 DATED 1.5.1987 EXHIBIT P1(A3)TRUE COPY OF COMPARATIVE STATEMENT OF BENEFITS GIVEN TO TWO CLASSES OF PERSONS EXHIBIT P1(A4)TRUE COPY OF JUDGMENT DATED 10.1.2012 IN WPC 33988/2011 EXHIBIT P1(A5)TRUE COPY OF JUDGMENT DATED 19.9.2012 IN WPC 32117/2011 EXHIBIT P1(A6)TRUE COPY OF REPRESENTATION DATED 21.1.2013 OF KENDRIYA VIDAYALAYA CPF SUBSCRIBERS WELFARE SOCIETY ``` ``` EXHIBIT P1(A9)TRUE COPY OF REPRESENTATION DATED 24.4.2013 EXHIBIT P1(A10)TRUE COPY OF LETTER NO 110-125/2013 14/KVS/CPF TO DATED 13.8.2013 EXHIBIT P1(A11)TRUE COPY OF LETTER NO 110-125/2013- 14/KVS/CPF TO GPF DATED 5.5.2014 EXHIBIT P1(A12)TRUE COPY OF JUDGMENT DATED 24.8.2016 IN LPA 410/2014 AND CONNECTED CASDES EXHIBIT P2REPLY STATEMENT FILED ON BEHALF OF RESPONDENT NO1. EXHIBIT P2(A1)A TRUE COPY OF LETTER NO F3-14/2012-UT-2 DATED 7.4.2015 ISSUED BY MINISTRY OF HRD EXHIBIT P2 (A2)A TRUE COPY LETTER NO F3-14/2012-UT-2 DATED 8.12.2016 ISSUED BY MINISTRY OF HRD. ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:22:- ## **`APPENDIX OF OP (CAT) 130/2019`** ``` EXHIBIT P3 ``` ``` EXHIBIT P4 EXHIBIT P5 ``` ``` REJOINDER FILED BY APPLICANT ALONG WITH MA 2 TO ACCEPT ADDITIONAL DOCUMENT TRUE COPY OF ORDER NO 110125/2018/KVS/PF/COURT CASE/RENUKA DEVI/3270 DATED 31.7.2018(ANNEXURE A13) ``` ``` ARGUMENT NOTE FILED BY ADVOCATE MR HARIRAJ CERTIFIED COPY OF ORDER DATED 20.2.2019 OF HON'BLE CAT ERNAKULAM IN ORIGINAL APPLICATION NO 180/00365/2018 AND CONNECTED CASE OA NO 180/00/820/2018 ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:23:- ## **`APPENDIX OF OP (CAT) 151/2019`** ``` PETITIONER EXHIBITS EXHIBIT P1 ``` ``` Exhibit P1(A9): ``` ``` Exhibit P1(A8): ``` ``` Exhibit P1(A7): ``` ``` Exhibit P1(A6): Exhibit P1(A4): ``` ``` EXHIBIT P1 (A3): ``` ``` EXHIBIT P1(A2): EXHIBIT P1 (A5): EXHIBIT P2 ``` ``` EXHIBIT P3 ``` ``` Exhibit P1(A1) ``` ``` TRUE COPY OF O.A. 180/00/820/2018 FILED BEFORE HON'BLE CAT ERNAKULAM. ``` ``` A TRUE COPY OF THE LETTER 110125/2014/KVS/CPF TO GPF DATED 05.05.2014. EXHIBIT P1 MA IN OA020/18. TRUE COPY OF THE LETTER NO.110-125/2013- 14/KVS/CPF TO GPF DATED 13.08.2013. ``` ``` TRUE COPY OF REPRESENTATION DATED 24.4.2013. ``` ``` TRUE COPY OF THE OM NO.F19-20/2005-IFD DATED 22.02.2006. ``` ``` TRUE COPY OF THE REPRESENTATION DATED 21.01.2013 OF THE KENDRIYA VIDYALAYA CPF SUBSCRIBERS WELFARE SOCIETY. ``` ``` TRUE COPY OF THE REPRESENTATION IS SUBMITTED BY THE PETITION (COMPARISON OF THE BENEFITS GIVEN TO THE TWO CLASSES OF PERSONS.) ``` ``` TRUE COPY OF THE MEMO NO.F.NO.152-1/79- 80/KVS/BUDGET/PART II DATED 01.09.1988. TRUE COPY OF THE ORDER NO.110125/12- 13/KVS/CP TO GPF/554 DATED 27.05.2013. ``` ``` REPLY STATEMENT FILED BY 1ST RESPONDENT ON BEHALF OF ALL RESPONDENTS ``` ``` CERTIFIED COPY OF ORDER DATED 20.02.2019 OF HON'BLE CAT , ERNAKULAM IN ORIGINAL APPLICATION NO. 180/00/820/2018 ``` ``` TRUE COPY OF THE OM NO.4/1/87 PIC-I DATED 01.05.1987. ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:24:- ## **`APPENDIX OF OP (CAT) 152/2019`** ``` PETITIONER EXHIBITS EXHIBIT P1TRUE COPY OF OA. 180/00/365/2018 FILED BEFORE HON'BE CAT ERNAKULAM ALONG WITH M.A JOINING TOGETHER APPLICATION Exhibit P1(A12)TRUE COPY OF JUDGMENT DATED 24.08.2016 IN L.P.A.410/2014 AND CONNECTED CASES. EXT.P1 MA IN OA 365/18. ``` ``` Exhibit P1(A11)TRUE COPY OF LETTER NO.110-125/2013- 14/KVS/CPF TO GPF DATED 05.05.2014. Exhibit P1 (A10)TRUE COPY OF LETTER NO.110-125/2013- 14/KVS/CPF TO FPF DATED 13.08.2013. Exhibit P1 (A9)TRUE COPY OF REPRESENTATION DATED 24.04.2013. Exhibit P1(A8)TRUE COPY OF OM NO.F19-20/2005-IFD DATED 22.02.2006. (IMPUGNED IN O.A.) Exhibit P1(A7)TRUE COPY OF OFFIICE ORDER NO.110125/2012- 13/KVS/CPF TO GPF/554 DATED 27.05.2013. (IMPUGNED IN O.A.) EXHIBIT P1(A6)TRUE COPY OF REPRESENTATION DATED 21.01.2013 OF KENDRIYA VIDAYALAYA CPF SUBSCRIBERS WELFARE SOCIETY. EXHIBIT P1(A5)TRUE COPY OF JUDGMENT DATED 19.09.2012 IN W.P.(C) 32117/2011. EXHIBIT P1(A4)TRUE COPY OF JUDGMENT DATED 10.01.2012 IN W.P.(C)33988/2011. EXHIBIT P1(A3)TRUE COPY OF COMPARATIVE STATEMENT OF BENEFITS GIVEN TO TWO CLASSES OF PERSONS. EXHIBIT P1(A2)TRUE COPY OF MEMO F.NO./152/1/79/80/KVS BUDGET/PART-II DATED 01.09.1998,. EXHIBIT P1(A1)TRUE COPY OF O.M.NO.4/1/87-PIC-I DATED 01.05.1987. EXHIBIT P2REPLY STATEMENT FILED ON BEHALF OF RESPONDENT NO.1 Exhibit P2(A2)A TRUE COPY OF LETTER NO.F3-14/2012-UT-2 DATED 08.12.2016 ISSUED BY MINISTRY OF HRD. ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:25:- ## **`APPENDIX OF OP (CAT) 152/2019`** ``` Exhibit P2(A1) EXHIBIT P3 ``` ``` A TRUE COPY OF LETTER NO.F3-14/2012-UT-2 DATED 07.04.2015 ISSUED BY MINISTRY OF HRD. REJOINDER FIELD BY APPLICANT ALONG WITH MA 2 TO ACCEPT ADDITIONAL DOCUMENT TRUE COPY OF ORDER NO 110125/2018/KVS/PF/COURT CASE/RENUKA DEVI/3270 DATED 31.7.2018 (ANNEXURE A13) ``` ``` EXHIBIT P4ARGUMENT NOTE FILED BY ADVOCATE M.R.HARIRAJ. EXHIBIT P5CERTIFIED COPY OF ORDER DATED 20.2.2019 OF HON'BLE CAT ERNAKULAM IN ORIGINAL APPLICATION NO 180/00365/2018 AND CONNECTED CASE OS NO 180/00/820/2018 ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:26:- ## **`APPENDIX OF OP (CAT) 131/2019`** ``` PETITIONER EXHIBITS EXHIBIT P1 ``` ``` EXHIBIT P1(A7) ``` ``` TRUE COPY OF O.A.180/00/365/2018 FILED BEFORE HON'BLE CAT ERNAKULAM ALONG WITH M.A.-JOINING TOGETHER APPLICATION. TRUE COPY OF OFFICE ORDER NO.110125/2012- 13/KVS/CPF TO GPF/554 DATED 27.5.2013 (IMPUGNED IN O.A.) ``` ``` EXHIBIT P1(A8)TRUE COPY OF O.M.NO.F19-20/2005-IFD DATED 22.2.2006(IMPUGNED IN O.A.) EXHIBIT P1(A1)TRUE COPY OF O.M.NO.4/1/87-PIC-I DATED 1.5.1987. EXHIBIT P1(A2)TRUE COPY OF MEMO F.NO.152/1/79/80/KVS BUDGET/PART-II DATED 1.9.1988. EXHIBIT P1(A3)TRUE COPY OF COMPARATIVE STATEMENT OF BENEFITS GIVEN TO TWO CLASSES OF PERSONS. EXHIBIT P1(A4)TRUE COPY OF JUDGMENT DATED 10.1.2012 IN WPC.33988/2011. EXHIBIT P1(A5)TRUE COPY OF JUDGMENT DATED 19.9.2012 IN WPC.32117/2011. EXHIBIT P1(A6)TRUE COPY OF REPRESENTATION DATED 21.1.2013 OF KENDRIYA VIDAYALAYA CPF SUBSCRIBERS WELFARE SOCIETY. ``` ``` EXHIBIT P1(A9)TRUE COPY OF REPRESENTATION DATED 24.4.2013. EXHIBIT P1(A10)TRUE COPY OF LETTER NO.110-125/2013- 14/KVS/CPF TO GPF DATED 13.8.2013. EXHIBIT P1(A11)TRUE COPY OF LETTER NO.110-125/2013- 14/KVS/CPF TO GPF DATED 5.5.2014. EXHIBIT P1(A12)TRUE COPY OF JUDGMENT DATED 24.8.2016 IN L.P.A.410/2014 AND CONNECTED CASES MA IN OA.365/18. ``` ``` EXHIBIT P2REPLY STATEMENT FILED ON BEHALF OF RESPONDENT NO.1. EXHIBIT P2(A1)A TRUE COPY OF LETTER NO.F3-14/2012-UT-2 DATED 7.4.2015 ISSUED BY MINISTRY OF HRD. ``` ``` O.P.(CAT) Nos.124, 130, 131, 151 and 152 of 2019 ``` -:27:- ## **`APPENDIX OF OP (CAT) 131/2019`** ``` EXHIBIT P2(A2) EXHIBIT P3 ``` ``` A TRUE COPY OF LETTER NO.F3-14/2012-UT-2 DATED 8.12.2016 ISSUED BY MINISTRY OF HRD. REJOINDER FILED BY APPLICANT ALONG WITH M.A.2 TO ACCEPT ADDITIONAL DOCUMENT- TRUE COPY OF ORDER NO.110125/2018/KVS/PF/COURT CASE/RENUKA DEVI/3270 DATED 31.7.2018 (ANNEXURE A13) ``` ``` EXHIBIT P4ARGUMENT NOTE FILED BY ADVOCATE M.R.HARIRAJ. EXHIBIT P5CERTIFIED COPY OF ORDER DATED 20.2.2019 OF HON'BLE CAT ERNAKULAM IN ORIGINAL APPLICATION NO.180/00365/2018 AND CONNECTED CASE O.A.NO.180/00/820/2018. ```