VidhiSangh

Supreme Court of India · 10/05/2022

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

[2022] 7 S.C.R. 957 · 2022 INSC 543

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Summary

The Court upheld pension coverage for Delhi University employees whose CPF options were submitted only after the prescribed cutoff. It also upheld an opportunity for the Shashi Kiran petitioners, who had timely chosen CPF, to switch to pension because comparable employees had repeatedly received that opportunity without a rational basis for excluding them. The employer’s CPF contribution had to be recouped with 8% simple interest.

Issues

  1. What effect the 1987 notification’s deeming clause had where a CPF option was submitted after the cutoff.
  2. Whether timely CPF optees in the Shashi Kiran batch were entitled to parity with employees permitted a later reverse option.
  3. What financial adjustment was necessary for the permitted switchover.

Provisions considered

Held

Result

University’s appeal in the N.C. Bakshi batch dismissed. Shashi Kiran relief upheld subject to recoupment of the employer’s CPF contribution with 8% simple annual interest and an option to switch. All appeals disposed of without costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 957.