R.C. Gupta & Ors. Etc. Etc. vs Regional Provident Fund Commissioner ... on 4 October, 2016
(iv) The members of the scheme, who did not exercise
option, as contemplated in the proviso to paragraph 11(3)
of the pension scheme (as it was before the 2014
Amendment) would be entitled to exercise option under
paragraph 11(4) of the post amendment scheme. Their
right to exercise option before 1 st September 2014 stands
crystalised in the judgment of this Court in the case of R.C.
Gupta (supra). The scheme as it stood before 1 st
September 2014 did not provide for any cutoff date and
thus those members shall be entitled to exercise option in
terms of paragraph 11(4) of the scheme, as it stands at
present. Their exercise of option shall be in the nature of
joint options covering pre-amended paragraph 11(3) as
also the amended paragraph 11(4) of the pension scheme.