Supreme Court dismisses retired professor's GPF scheme claim

The case concerns a retired Professor from the National Institute of Rural Development (NIRD) who sought a declaration that he should be covered under the General Provident Fund (GPF) Scheme instead of the Central Provident Fund (CPF) Scheme to receive specific benefits. The Supreme Court determined whether the petitioner was entitled to this change based on the terms of his service regularization.

Who it concerns: Petitioner: K. Suman Chandra; Respondents: Union of India and others; Bench: Justices Ujjal Bhuyan and Atul S. Chandurkar.

What the court decided

• The Supreme Court dismissed the Special Leave Petition.
• The Court held that the petitioner is similarly situated to Mr. Shyam Sunder Prasad Sharma, whose case was previously decided by the Supreme Court in favor of the CPF Scheme.
• The Court found that the petitioner accepted the terms and conditions of his regularization order dated 04.05.2012, which stipulated that services would continue to be governed by the existing CPF Scheme.
• The Court noted that the petitioner raised the grievance only after retirement and after accepting benefits under the CPF Scheme.
• The Court declined to exercise jurisdiction under Article 136 of the Constitution of India.

Also in the document

• The Court relied on its prior judgment in National Institute of Rural Development Vs. Shyam Sunder Prasad Sharma and Others (decided 28.02.2023), stating it found no reason to re-open the issue.
• The Court observed that the regularization order specifically stated it would take effect from the date of issuance (04.05.2012) and not relate back to the initial appointment date.
• The delay in the petition was condoned.