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Supreme Court of India 2022-05-10 partly_allowed

UNIVERSITY OF DELHI vs SMT. SHASHI KIRAN & ORS. ETC

Bench: 2 — Uday Umesh Lalit, Vineet Saran

In Brief

The University of Delhi appealed decisions of the Delhi High Court concerning the switchover of university employees from the Contributory Provident Fund (CPF) to the General Provident Fund (GPF) scheme. The cases were divided into three batches: (1) R.N. Virmani batch—employees who did not exercise any option by the 30.09.1987 cut-off (allowed); (2) N.C. Bakshi batch—employees who exercised late CPF options within extensions (allowed); and (3) Shashi Kiran batch—employees who consciously chose CPF and sought late switchover. The Supreme Court affirmed the Division Bench's decisions in the first two batches but also upheld the Division Bench's partial allowance in the Shashi Kiran batch, finding that discriminatory differential treatment arose from granting 2469 other employees extension options to switch to GPF while denying the same to 75 petitioners. The Court ordered refund of CPF contributions with 8% simple interest per annum and granted the option to switch over.

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Constitutional Law Civil Service Law Provident Fund and Pension Schemes Administrative Law Discrimination and Equality

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