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Krishena Kumar And Anr. Etc. Etc vs Union Of India And Ors on 13 July, 1990

The Respondents filed a counter affidavit taking the stand that in view of Constitution Bench decision in Krishena Kumar v. Union of India and Ors. , which has been followed in several other cases, the petitioner having opted to remain in the Provident Fund Scheme and having withdrawn the entire dues which he was entitled to under Provident Fund Scheme cannot be allowed to switch over to the pension Scheme after lapse of 24 years. It has also been stated in the said counter affidavit that prior to petitioner's retirement on 14th July, 1972 as many as six options had been given to him to choose whether he would remain in the Provident Fund Scheme or would switch over to the Pension Scheme and the petitioner consistently and deliberately chose to continue in the Provident Fund Scheme and received all his dues from the said scheme and, therefore, he cannot be allowed now to switch over to the Pension Scheme after this length of time. The short question that arises for consideration, therefore, is whether the Pension Scheme though was in operation while the petitioner was in service and option was sought for but the petitioner never opted for the same and on the other hand deliberately opted for Provident Fund Scheme, will he be entitled to come over the Pension Scheme after 24 years of his retirement?
Supreme Court of India Cites 6 - Cited by 392 - K N Saikia - Full Document

State Of Rajasthan vs Rajasthan Pensioner Samaj on 23 April, 1991

In State of Rajasthan v. Rajasthan Pensioner Samaj [1991] Supp 2 SCC 141, this Court also came to hold that the contributory provident fund retirees form a different class from those who had opted for Pension Scheme according to the decision in Krishena Kumar's case and as such they are not entitled to claim as of right to switch over from Provident Fund scheme to Pension Scheme and consequently the Contributory Provident Fund Scheme retirees are not entitled to the benefits granted to the Pension Retirees.
Supreme Court of India Cites 2 - Cited by 27 - S R Pandian - Full Document

All India Reserve Bank Retired Officers ... vs Union Of India And Others on 10 December, 1991

In yet another case of All India Reserve Bank Retired Officers Association and Ors. v. Union of India and Anr. [1992] Supp 1 SCC 664, the Court was also considering the case of the Pension Scheme and Contributory Provident Fund Scheme and held that in the case of an employee governed by the Contributory Provident Fund Scheme his relations with the employer come to an end on his retirement and receipt of the contributory provident fund amount but in the case of an employee governed under the Pension Scheme his relations with the employer merely undergo a change but do not snap altogether.
Supreme Court of India Cites 17 - Cited by 761 - A M Ahmadi - Full Document
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