TA No. 1101/2009. Case: 1. Association of the Employees of Indian Institute of Mass Communication (Registered), New Delhi, Through its President, Mahender Singh, 2. Birbal S/o Shankar, Safai Karamchari, Indian Institute of Mass Communication, New Delhi Vs 1. Indian Institute of Mass Communication, Through its Director, 2. Union of India, Through Secretary, Ministry of Information and Broadcasting. Central Administrative Tribunal
| Case Number | TA No. 1101/2009 |
| Counsel | Ashok Kumar Singh, Rajeev Sharma |
| Judges | Shanker Raju (Judicial Member) & Dr. Ramesh Chandra Panda (Accountant Member), JJ. |
| Issue | Service Law |
| Judgement Date | June 04, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
Shanker Raju (Judicial Member), (Principal Bench New Delhi)
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Through this TA applicants, class III and class IV employees association in Indian Institute of Mass Communication have sought implementation of Pension Scheme.
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It is no more res integra that under the provision of clause 10 (a) of the articles of memorandum of association a Pension Scheme has since been approved by the Ministry of Information and Broadcasting with due approval, but has not been implemented only on the ground, as transpired from the additional affidavit filed by the respondents, that the Ministry of Information and Broadcasting in its letter dated 2.4.1987 conveyed its consent to the introduction of the scheme but could not be materialized due to funds constraints and clearance by the Ministry of Finance.
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Learned counsel of applicants relied upon a decision of the coordinate Bench in OA-1437/2009 - Amit Mukherji & Ors. v. Union of India & Ors., decided on 12.04.2010, where in Urban Art Commission Pension Scheme has been implemented by switching over from CPF to GPF Pension Scheme with referral to clause 7 (2) of the instructions, which allowed administrative ministry administering in CPF to issue similar orders in respect of the CPF beneficiaries under the Rules in consultation with Department of Pension.
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After hearing both the counsel, we are of the considered view that in Union of India v. S.L. Verma, (2006) 12 SCC 53 the Apex Court ruled that only when an employee consciously adopted to contribute with CPF Scheme he would not become a member of the Pension Scheme and in view of legal fiction one is deemed to have switched over to the Pension Scheme. As there was a deeming provision in the guidelines dated 1.5.1987 of the Government for...
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