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R8 exercised his option vide Annexure R10 dated 29.12.1987 to continue under the contributory provident fund scheme. However, later, he moved a representation Annexure A8 seeking another opportunity to switch over to the GPF scheme. That representation, after consideration, was declined by the respondents, vide Annexure A10 order. Challenge in the original petition was against Annexure A10 order canvassing a case that it has no legal sanctity in view of Annexures A3 option exercised by the applicant previously and A7 entry recorded in his service book. Setting aside Annexure A10 order, the applicant sought for granting of benefits to him as if he had opted and continued in GPF Pension Scheme.
Department should not have accepted the option of the applicant, Annexure R10 dated 29.12.1987 which was made beyond the date prescribed in Annexure R7 dated 1.5.1987. An entry recorded in the service book of the applicant (Annexure A7) that he shall be deemed to have opted for the GPF Pension Scheme was taken into account by the Tribunal to sustain the conclusion formed as above. The Tribunal also found fault with the respondents in not taking immediate action on the representation (Annexure A8 dated 9.1.2006) submitted by the applicant seeking option to switch over to GPF Pension Scheme granting him extension of time, in concluding that the applicant should be deemed to have opted for the GPF Pension Scheme as he had not exercised any option to retain the CPF Pensionary benefits in terms of Annexure R7.
(ISRO), according to the Tribunal, has no significance as it does not in any way impinge the right of the applicant to claim that he should be deemed to have switched over to the GPF Pension Scheme as he had not given an option within the time covered by Annexure R7.

Without any challenge to Annexure R8 from the applicant, the Tribunal went wrong in forming such conclusions, is the submission of the learned counsel. It is also contended that the applicant, who was appointed as a Steno Typist in the Department on 21.2.1972 ever since his appointment till his retirement on superannuation had contributed only to the CPF Pension Scheme and not under the GPF Pension Scheme.

8. After the 4th Pay Commission submitted its recommendations for Pay Revision of the :: 11 ::

Central Government employees, accepting the recommendations thereof, Annexure R7 official memorandum dated 1.5.1987 was issued by the Government of India, that unless option is exercised by the employees, who are contributing to the CPF Pension Scheme and those governed by that scheme within the period specified, they shall be deemed to have switched over to the GPF Pension Scheme. A cut of date for exercising the option was fixed as 30.9.1987. Pursuant to Annexure R7, the Department of Space issued Annexure R8 dated 21.10.1987 where under the period of option to switch over to GPF Pension Scheme by the employees who subscribed to the CPF Pension Scheme in that Department was extended upto 31.12.1987. In response to Annexure R8, admittedly, the applicant has exercised his :: 12 ::