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Mrs. Amita Ajit Desai And Ors vs Union Of India Through The Secretary And ... on 17 January, 2019

In the Judgment of High Court of Judicature at Bombay in the case of AMITA AJIT DESAI AND OTHERS Vs. UNION OF INDIA & OTHERS in WRIT PETITION NO.1331 of 2017, it is held that such conversion of Pension Scheme is permissible even after retirement. In that case also, petitioners were retired from service between 2006 to 2015 and had applied for benefit of conversion during the year 2017. Considering the law laid down by Hon'ble Apex Court, the High Court of Judicature at Bombay held that an employee can convert his CPF account to GPF Pension Scheme, subject to condition that he shall refund the contribution with interest at the rate of 8% per annum. The Union Government has challenged said Judgment before Hon'ble Apex Court in SLP (Civil) Diary No.16882 of 2019 and said SLP was dismissed on 23.08.2019. The said case is more important to the facts of present case because in that case also, employees were retired between the year 2006 to 2015 had filed writ petition during the year 2017. Though there was a delay in challenging the said orders, the High Court of Judicature at Bombay has allowed the application and it
Bombay High Court Cites 3 - Cited by 6 - B R Gavai - Full Document

Mangat Ram Sharma S/O Sh. Swami Dass R/O vs State Of Jammu & Kashmir on 27 June, 2022

28. The learned advocate for petitioners has also relied on a Judgment in the case of MANGAT RAM Vs. STATE OF JAMMU AND KASHMIR AND OTHERS2. There is no dispute regarding principle of law laid down in the said Judgment. A party may lose his right to claim a remedy, due to latches, delay as well as acquiescence. But in this case, the said principle is not applicable. Due to default of KVS, it went on deducting contributions or subscriptions even after OM of the year 1988. At the time of 2 2018 SCC OnLine J&K 712.
Jammu & Kashmir High Court Cites 34 - Cited by 0 - M Lal - Full Document

D.C.S. Negi vs Union Of India (Uoi) And Ors. on 11 April, 2008

29. The learned counsel for petitioner has also relied on the judgment reported in the case of D.C.S. NEGI Vs. UNION OF INDIA AND OTHERS3. In this case, the Tribunal did not consider regarding point of delay and latches, therefore, Hon'ble Apex Court allowed the SLP and remanded the matter to the Tribunal to re- consider the said point. The learned counsel for petitioner has not produced the further orders passed by Tribunal in this regard. In this case CAT considered the said point and answered against petitioner herein. Hence, the said Judgment does not help to buttress the contentions of petitioner.
Delhi High Court Cites 2 - Cited by 300 - M Sarin - Full Document
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