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has been followed in several other cases, the petitioner having opted to remain in the Provident Fund Scheme and having withdrawn the entire dues which he was entitled to under Provident Fund Scheme cannot be allowed to switch over to the pension Scheme after lapse of 24 years.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?