Ongc Ltd. Cpf Trust vs Income Tax Officer on 29 June, 2005
Equivalent citations: (2005)98TTJ(DELHI)1111
ORDER
G.S. Pannu
declare the action of the respondents in
governing the applicant under CPF Scheme on the
basis of invalid option, as illegal, arbitrary and
discriminatory ... when a specific option is exercised that they would be
continued in CPF.
3. On a query raised to the learned counsel that the said
been turned down. Applicants have also sought a direction to changeover from CPF Scheme to Pension Scheme w.e.f. 1.1.1986 with all consequential benefits ... their service conditions were governed insofar as their Central Provident Fund (CPF) Scheme is concerned by the CPF Rules of 1962. The respondents
action of the respondents considering the
applicant services governed by the CPF after
01.09.1988 even in absence of any option form, be
declared illegal ... Scheme along with pension by adjusting the
amount of CPF paid to her and in case required the
applicant is ready to deposit the same
option to opt either for the Pension Scheme, or for the ongoing CPF Scheme. For the new employees of DTC, who had joined ... Scheme, and had opted to be continued with the Contributory Provident Fund (CPF, in short) Scheme. Since all the employees of the Respondent-Corporation were
reason, in law either pension can be received or benefit under the CPF account. If the management forces down the gullet of an employee payment ... under the CPF Scheme and the employee desires pension he has to approach the court or the Tribunal within a maximum period of 3 years
share of the employee and the share of the management towards CPF with Delhi Administration or the Management which they have joined, with simple interest ... within one year of the circular issued on 07.04.1984 with regard to CPF benefits. The relevant para from the OM dated 29.08.1984 reads as follows
either to opt for the Pension Scheme or to continue with the CPF Scheme. It should also be ensured that those who opt for Pension ... that all Central Government employees who are beneficiaries of Contributory Provident Fund (CPF) Scheme who are in service as on 01.01.1986 should be deemed
aggrieved that her representation for changing over from Contributory Provident Fund scheme (CPF) to General Provident Fund (GPF) scheme has been rejected by the impugned ... been, inter alia, mentioned that her case for conversion from CPF to GPF cannot be considered after a lapse of 21 years. She is seeking
case that he did not apply for CPF but in compelling circumstances he accepted the CPF. The Applicants case is that he submitted representations ... office order dated 27.11.1992. He further submits that the Applicant having received CPF was willing to refund entire CPF with interest to the Respondents