Sandhyarani Mohanty vs Union Of India And Others …. Opp. … on 10 March, 2026

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    Orissa High Court

    Sandhyarani Mohanty vs Union Of India And Others …. Opp. … on 10 March, 2026

    Author: Chittaranjan Dash

    Bench: Chittaranjan Dash

         IN THE HIGH COURT OF ORISSA AT CUTTACK
    
                        W.P.(C). No.28979 of 2025
    
    Sandhyarani Mohanty              ....                   Petitioner
                                      Ms. M. Mohapatra, Advocate
    
                                -versus-
    
    Union of India and Others        ....                 Opp. Parties
                                     Mr. G. Sethi, Sr. Panel Counsel
                                        (For Opp. Party Nos.1 & 2)
    
                                           Mr. H. Tripathy, Advocate
                                               (For Opp. Party No.5)
    
                     W.P.(C). No.28901 of 2025
    
    Ramesh Chandra Samal             ....                   Petitioner
                                      Ms. M. Mohapatra, Advocate
    
                                -versus-
    
    The Commissioner,                ....                Opp. Parties
    Kendriya Vidyalaya
    Sangathan, New Delhi &
    Another
                                           Mr. H. Tripathy, Advocate
                                               (For Opp. Party No.2)
    
                     W.P.(C). No.28995 of 2025
    
    Lakshmi Kanta Rana               ....                   Petitioner
                                      Ms. M. Mohapatra, Advocate
    
                                -versus-
    
    The Commissioner,                ....                Opp. Parties
    
                                     Page 1 of 19
       Kendriya Vidyalaya
      Sangathan, New Delhi &
      Another
                                                 Mr. H. Tripathy, Advocate
                                                     (For Opp. Party No.2)
    
                           W.P.(C). No.29484 of 2025
    
      Sandhya Rani Patel                    ....                  Petitioner
                                            Ms. M. Mohapatra, Advocate
    
                                    -versus-
    
      The Commissioner,                     ....               Opp. Parties
      Kendriya Vidyalaya
      Sangathan, New Delhi &
      Another
                                                 Mr. H. Tripathy, Advocate
    
                           W.P.(C). No.29564 of 2025
    
      Chaitanya Pradhan                     ....                  Petitioner
                                            Ms. M. Mohapatra, Advocate
    
                                    -versus-
    
      The Commissioner,                     ....               Opp. Parties
      Kendriya Vidyalaya
      Sangathan, New Delhi &
      Another
                                                 Mr. H. Tripathy, Advocate
                                                     (For Opp. Party No.2)
    
                                      ---
    
    
    
    
    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025                                Page 2 of 19
          CORAM :
         MR. JUSTICE KRISHNA SHRIPAD DIXIT
         MR. JUSTICE CHITTARANJAN DASH
     ---------------------------------------------------------------------------------------
                              Date of Hearing: 09.02.2026
                             Date of Judgment: 10.03.2026
     ---------------------------------------------------------------------------------------
    Chittaranjan Dash, J.
    

    1. By means of the present writ petitions, the Petitioners call in

    question the legality and propriety of the orders passed by the

    SPONSORED

    Central Administrative Tribunal, Cuttack Bench in the respective

    Original Applications filed by them, whereby their claims seeking

    conversion from the CPF Scheme to the GPF-cum-Pension Scheme

    have been declined. Since the questions of fact and law arising in all

    the writ petitions are substantially similar and the impugned orders

    proceed on identical reasoning, the matters were heard together

    and are being disposed of by this common judgment.

    2. The Petitioners in the present batch of writ petitions were

    employees under the Kendriya Vidyalaya Sangathan and had been

    governed by the CPF Scheme during the course of their service.

    After their retirement, or at a belated stage during service, the

    Petitioners sought conversion from the CPF Scheme to the GPF-

    cum-Pension Scheme, claiming entitlement to be brought under the

    pensionary regime applicable to similarly situated employees. Since

    the said claim was not acceded to by the authorities, the Petitioners

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 3 of 19
    approached the Central Administrative Tribunal, Cuttack Bench by

    filing separate Original Applications seeking direction for such

    conversion and for grant of consequential pensionary benefits. In

    certain cases, upon dismissal of the Original Applications, the

    concerned Petitioners also pursued Review Applications seeking

    reconsideration of the Tribunal’s decision. The Tribunal, upon

    consideration of the respective pleadings and materials placed on

    record, declined to grant the relief sought for by the Petitioners and

    dismissed the Original Applications. In the cases where Review

    Applications were filed, the Tribunal also declined to interfere with

    its earlier orders holding that no error apparent on the face of the

    record had been made out warranting review. It is these orders

    passed by the Tribunal which have been assailed in the present writ

    petitions.

    3. Learned counsel appearing for the Petitioners assailed the

    impugned orders primarily on the ground that several similarly

    situated employees under the Kendriya Vidyalaya Sangathan have

    been granted the benefit of conversion from the CPF Scheme to the

    GPF-cum-Pension Scheme pursuant to orders passed by different

    Benches of the Central Administrative Tribunal and referred to

    various High Court’s decisions. It was contended that such benefits

    having been extended and the challenges made by the institution

    before the Hon’ble Supreme Court of India having not succeeded,

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 4 of 19
    denial of the same benefit to the present Petitioners would amount

    to discriminatory treatment. In support of such contention, reliance

    was placed upon the decision in University of Delhi vs. Shashi

    Kiran and Others, (2022) SCC OnLine SC 594, wherein the Hon’ble

    Apex Court dealt with a batch of matters arising out of SLP Diary

    Nos. 13901 of 2017, 36222 of 2018, 36221 of 2018, 29577 of 2018 and

    17008 of 2017. Learned counsel further referred to the judgment of

    the High Court of Madhya Pradesh, Gwalior Bench dated

    09.05.2024 passed in Misc. Petition No.2864 of 2023, which was

    carried in challenge before the Hon’ble Apex Court in SLP(C) Diary

    No.47659 of 2024 and came to be dismissed on 29.11.2024. It was

    further submitted that the said orders have also been implemented

    by the institution concerned. Learned counsel also placed reliance

    upon the judgment of this Court in Baijayati Mohanty vs. Union of

    India and Others in W.P.(C) No.7336 of 2025 as well as the decision

    of the Hon’ble Apex Court in Kendriya Vidyalaya Sangathan vs.

    Jaspal Kaur, (2007) 6 SCC 13 along with certain other decisions of

    the Tribunal and various High Courts to contend that the

    Petitioners are entitled to similar relief.

    4. Per contra, learned counsels appearing for the Opposite

    Parties submitted that the institution had, on multiple occasions,

    afforded opportunities to its employees to exercise option for

    conversion from the CPF Scheme to the GPF-cum-Pension Scheme.

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 5 of 19
    According to him, communications inviting such options were

    issued from 05.10.1987 to 21.01.1988 and further opportunities were

    extended from time to time between 09.02.1989 and 16.11.1998,

    culminating in a final notification dated 31.01.1999 prescribing the

    last cut-off date for exercising such option. It was submitted that a

    large number of employees had exercised such option pursuant

    thereto, whereas the Petitioners, despite such opportunities,

    continued under the CPF Scheme and have raised the present claim

    only at a belated stage. It was further argued that the factual matrix

    of the present cases is not identical to the cases relied upon by the

    Petitioners and, therefore, the benefit granted in those matters

    cannot be mechanically extended to the Petitioners. Accordingly, it

    was urged that the Tribunal has rightly dismissed the Original

    Applications and the Review Applications and that no interference

    is warranted herein.

    5. In view of the rival submissions advanced by learned counsel

    for the parties and upon perusal of the materials placed on record,

    the principal question that arises for consideration in the present

    batch of writ petitions is whether the Petitioners, having continued

    under the CPF Scheme and having not exercised the option for

    migration to the GPF-cum-Pension Scheme within the stipulated

    period, are entitled at this stage to seek conversion to the pension

    scheme and claim consequential pensionary benefits, and whether

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 6 of 19
    the orders passed by the Central Administrative Tribunal declining

    such relief call for interference in exercise of jurisdiction under

    Article 226 of the Constitution of India.

    6. Learned counsel for the Petitioners has placed heavy reliance

    upon the decision of the Hon’ble Supreme Court of India in

    University of Delhi vs. Shashi Kiran and Others (supra) to contend

    that similarly situated employees who were initially governed

    under the CPF Scheme have been extended the benefit of migration

    to the GPF-cum-Pension Scheme. However, upon careful

    consideration, this Court finds that the factual matrix of the said

    decision stands on a different footing. In the said case, the

    employees had approached the appropriate forum within a

    reasonable time and the circumstances surrounding the exercise of

    option and the conduct of the employer were distinguishable in

    nature.

    7. Having considered the rival submissions and upon perusal of

    the records, this Court has also carefully gone through the

    respective orders passed by the Central Administrative Tribunal in

    the Original Applications filed by the present Petitioners.

    8. Insofar as W.P.(C) No.28979 of 2025 filed by Sandhyarani

    Mohanty is concerned, the challenge is to the order passed by the

    learned Tribunal in O.A. No.260/00185 of 2021, whereby the

    petitioner’s prayer for conversion from the CPF Scheme to the GPF-

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 7 of 19
    cum-Pension Scheme was rejected. A perusal of the impugned

    order reveals that the Tribunal examined the service particulars of

    the petitioner, who had joined the Kendriya Vidyalaya Sangathan

    as a Trained Graduate Teacher (TGT) in the year 1985 and

    continued under the CPF Scheme throughout her service. The

    Tribunal recorded that the petitioner had not exercised the option

    for migration to the GPF-cum-Pension Scheme within the

    stipulated period and had accepted CPF deductions during service.

    Taking note of the belated nature of the claim and the absence of

    any contemporaneous objection, the Tribunal declined to grant the

    relief sought.

    The cases of the petitioners in W.P.(C) No.28901 of 2025

    (Ramesh Chandra Samal), W.P.(C) No.28995 of 2025 (Lakshmi

    Kanta Rana) and W.P.(C) No.29484 of 2025 (Sandhya Rani Patel)

    stand on a similar footing. The said petitioners had approached the

    learned Tribunal seeking conversion from the Contributory

    Provident Fund (CPF) Scheme to the GPF-cum-Pension Scheme by

    filing O.A. No.260/00216 of 2021, O.A. No.260/00232 of 2021 and

    O.A. No.260/00214 of 2021 respectively. The Tribunal dismissed the

    said Original Applications upon holding that the petitioners had

    continued under the CPF Scheme and had not exercised the option

    for migration to the GPF-cum-Pension Scheme within the

    stipulated period. Aggrieved thereby, the petitioners invoked the

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 8 of 19
    review jurisdiction of the Tribunal by filing Review Applications,

    including R.A. No.1 of 2024. The Tribunal, however, declined to

    interfere with the earlier orders, observing that the grounds urged

    in review merely sought reconsideration of issues already

    adjudicated and that no error apparent on the face of the record

    had been demonstrated warranting exercise of review jurisdiction.

    Insofar as W.P.(C) No.28564 of 2025 (Chaitanya Pradhan) is

    concerned, the challenge arises from the order passed by the

    Tribunal in O.A. No.260/00217 of 2021. The Tribunal, upon

    examining the materials on record, found that the petitioner had

    remained under the CPF Scheme and had not exercised the option

    for migration to the GPF-cum-Pension Scheme within the time

    prescribed despite opportunities extended by the employer. The

    Tribunal further noted that the claim had been raised after

    considerable delay and accordingly declined to grant the relief

    sought.

    9. A perusal of the aforesaid orders clearly indicates that the

    Tribunal has considered the factual background of each case, the

    service records of the Petitioners and the policy governing

    migration from the CPF Scheme to the GPF-cum-Pension Scheme

    before arriving at its conclusion. The findings recorded by the

    Tribunal are essentially findings of fact based on the materials

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 9 of 19
    placed on record and do not disclose any perversity or

    jurisdictional error warranting interference by this Court.

    10. The law is well settled that a writ court exercising equitable

    jurisdiction would be slow to entertain stale claims raised after

    inordinate delay and acquiescence. In this regard, reference may be

    made to the decisions of the Hon’ble Supreme Court in Chennai

    Metropolitan Water Supply and Sewerage Board and others vs.

    T.T. Murali Babu, as follows:

    ‚16. Thus, the doctrine of delay and laches should not be

    lightly brushed aside. A writ court is required to weigh the

    explanation offered and the acceptability of the same. The

    court should bear in mind that it is exercising an

    extraordinary and equitable jurisdiction. As a

    constitutional court it has a duty to protect the rights of the

    citizens but simultaneously it is to keep itself alive to the

    primary principle that when an aggrieved person, without

    adequate reason, approaches the court at his own leisure

    or pleasure, the Court would be under legal obligation to

    scrutinize whether the lis at a belated stage should be

    entertained or not. Be it noted, delay comes in the way of

    equity. In certain circumstances delay and laches may not

    be fatal but in most circumstances inordinate delay would

    only invite disaster for the litigant who knocks at the doors

    of the Court. Delay reflects inactivity and inaction on the

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 10 of 19
    part of a litigant – a litigant who has forgotten the basic

    norms, namely, ‚procrastination is the greatest thief of

    time‛ and second, law does not permit one to sleep and

    rise like a phoenix. Delay does bring in hazard and causes

    injury to the lis. In the case at hand, though there has been

    four years’ delay in approaching the court, yet the writ

    court chose not to address the same. It is the duty of the

    court to scrutinize whether such enormous delay is to be

    ignored without any justification. That apart, in the

    present case, such belated approach gains more

    significance as the respondent-employee being absolutely

    careless to his duty and nurturing a lackadaisical attitude

    to the responsibility had remained unauthorisedly absent

    on the pretext of some kind of ill health. We repeat at the

    cost of repetition that remaining innocuously oblivious to

    such delay does not foster the cause of justice. On the

    contrary, it brings in injustice, for it is likely to affect

    others. Such delay may have impact on others’ ripened

    rights and may unnecessarily drag others into litigation

    which in acceptable realm of probability, may have been

    treated to have attained finality. A court is not expected to

    give indulgence to such indolent persons – who compete

    with ‘Kumbhakarna’ or for that matter ‘Rip Van Winkle’.

    In our considered opinion, such delay does not deserve

    any indulgence and on the said ground alone the writ

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 11 of 19
    court should have thrown the petition overboard at the

    very threshold.‛

    11. In the present case, the records reveal that the Petitioners had

    continued under the CPF Scheme during their entire service tenure

    and had accepted the benefits flowing therefrom without raising

    any objection at the relevant point of time. The challenge has been

    made only after a considerable lapse of time, in some cases even

    after retirement.

    12. Even through merit, the application does not succeed. At this

    juncture, it would be apposite to refer to the decision of the Hon’ble

    Supreme Court of India in Kendriya Vidyalaya Sangathan vs.

    Jaspal Kaur, wherein the Apex Court had occasion to consider a

    similar claim raised by employees seeking conversion from the CPF

    Scheme to the GPF-cum-Pension Scheme after having continued

    under the CPF Scheme. The Hon’ble Supreme Court, while

    examining the factual circumstances of that case, held that where

    an employee had consciously continued under the CPF Scheme and

    had not exercised the option for migration within the stipulated

    time, such employee cannot subsequently claim the benefit of the

    pension scheme at a belated stage. The Court further observed that

    once an employee had accepted the CPF regime and derived

    benefits thereunder during the course of service, a belated claim

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 12 of 19
    seeking conversion to the pension scheme would not be legally

    sustainable.

    13. This Court further notes that an identical issue has already

    been considered in detail by a Co-ordinate Bench of this Court in

    Baijayanti Mohanty vs. Union of India (supra), wherein a similar

    claim by an employee of the Kendriya Vidyalaya Sangathan

    seeking conversion from the CPF Scheme to the GPF-cum-Pension

    Scheme after retirement was examined. The Co-ordinate Bench,

    after analysing the factual and legal aspects of the matter, declined

    to interfere with the order of the Central Administrative Tribunal.

    In doing so, it also took note of the settled principles relating to

    delay and laches laid down by the Hon’ble Supreme Court in

    Chennai Metropolitan Water Supply & Sewerage Board vs. T.T.

    Murali Babu (supra) and Union of India vs. N. Murugesan, (2022) 2

    SCC 25. Since the issue has already been comprehensively dealt

    with therein, this Court does not propose to revisit the same in

    detail.

    14. In the instant case, it further appears from the impugned

    orders that the Tribunal has taken note of the fact that the

    institution had issued communications from time to time inviting

    employees to exercise their option for conversion from CPF to the

    GPF-cum-Pension Scheme and had ultimately fixed a final cut-off

    date for exercising such option. The Tribunal recorded that several

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 13 of 19
    employees had exercised the said option pursuant to such

    notifications, whereas the Petitioners had not availed the same

    within the stipulated period. The Tribunal, therefore, held that the

    Petitioners, having continued under the CPF Scheme and having

    accepted the benefits flowing therefrom, cannot seek conversion to

    the pension scheme at a belated stage. The Tribunal has also

    considered the decisions relied upon by the Petitioners and

    distinguished the same on the ground that the entitlement to

    conversion would depend upon the factual circumstances of each

    case, particularly with regard to the exercise of option within the

    prescribed time and the conduct of the employee concerned. The

    Tribunal ultimately concluded that the claim raised by the

    Petitioners suffers from delay and laches and that no legal right had

    been made out warranting a direction for conversion to the GPF-

    cum-Pension Scheme.

    15. Before parting with the case, this Court also deems it

    appropriate to advert to the observations made by the Hon’ble

    Supreme Court in Union of India & Anr. vs. M.M. Sarkar, 2010 (2)

    SCC 59, hereunder:

    ‚7. When a scheme extending the benefit of option for

    switchover, stipulates that the benefit will be available

    only to those who exercise the option within a specified

    time, the option should obviously be exercised within such

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 14 of 19
    time. The option scheme made it clear that no option could

    be exercised after the last date. In this case, the respondent

    chose not to exercise the option and continued to remain

    under the Contributory Provident Fund Scheme, and more

    important, received the entire PF amount on his

    retirement. The fact that the respondent was the head of

    his department and all communications relating to the

    offer of Eighth Option and the several communications

    extending the validity period for exercising the option for

    pension scheme, were sent to the heads of the departments

    for being circulated to all eligible employees/retired

    employees, is not in dispute. Therefore, the respondent

    who himself was the head of his department could not

    feign ignorance of the Eighth Option or the extensions of

    the validity period of the Eighth Option. In fact, as noticed

    above, in his application before the Tribunal the

    respondent refers to all the options. He is careful to say

    that he was not `intimated’ about the contents of the last

    order relating to extension of the option, but does not say

    that he was unaware of the order extending the benefit of

    option. The respondent consciously chose not to exercise

    the option as he admittedly thought that receiving a

    substantial amount in a lump sum under the provident

    fund scheme (which enabled creation of a corpus for

    investment) was more advantageous than receiving small

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 15 of 19
    amounts as monthly pension under the pension scheme. In

    those days (between 1957 when the pension scheme was

    introduced and 1976 when the respondent retired) the

    benefits under the provident fund scheme and pension

    scheme were more or less equal; and there was a general

    impression among employees that having regard to

    average life expectancy and avenues for investment of the

    lump sum PF amount, it was prudent to receive a large PF

    amount on retirement rather than receive a small pension

    for a few years (particularly as there was a ceiling on the

    pension and as dearness allowance was not included in the

    pay for computing the pension).

    8. From 1980 onwards, gradually the pension scheme

    became more and more attractive as compared to the

    Contributory Provident Scheme, on account of various

    factors, like dearness allowance being included in the pay

    for computing pension, ceiling on pension being removed

    and liberalisation of family pension etc. But the respondent

    was well aware that not having opted for pension scheme

    and having received the PF amount on retirement, he was

    not entitled to seek switch over to pension scheme. But in

    1996, when the respondent learnt that some others who

    had retired in and around 1973 to 1976 had been permitted

    to exercise the option in 1993-94 on the ground that they

    had not been notified about the option, he decided to take

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 16 of 19
    a chance and gave a representation seeking an option to

    switch over to pension scheme. Having enjoyed the

    benefits and income from the provident fund amount for

    more than 22 years, the respondent could not seek switch

    over to pension scheme which would result in respondent

    getting in addition to the PF amount already received, a

    large amount as arrears of pension for 22 years (which will

    be much more than the provident fund amount that will

    have to be refunded in the event of switch over) and also

    monthly pension for the rest of his life. If his request for

    such belated exercise of option is accepted, the effect

    would be to permit the respondent to secure the double

    benefit of both provident fund scheme as also pension

    scheme, which is unjust and impermissible. The validity

    period of the option to switch over to pension scheme

    expired on 31.12.1978 and there was no recurring or

    continuing cause of action. The respondent’s

    representation dated 8.10.1998 seeking an option to shift to

    pension scheme with effect from 1976 ought to have been

    straight away rejected as barred by limitation/delay and

    laches.‛

    16. In the considered view of this Court, the observations made

    in the aforesaid decision assume particular relevance to the present

    batch of cases. The materials on record reveal that the petitioners

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 17 of 19
    had continued under the Contributory Provident Fund (CPF)

    Scheme during their service tenure without raising any objection at

    the relevant time and had accepted the benefits flowing therefrom.

    The present claims appear to have been raised only after

    subsequent developments and decisions rendered in other cases

    came to light. Such attempts, often prompted by later perceptions

    of comparative advantage between schemes, cannot form a valid

    basis for reopening matters that had long attained finality. An

    option exercised, or consciously not exercised, under a scheme

    must be understood as a considered choice made in the context of

    the prevailing circumstances at that time.

    17. This Court would therefore observe that employees must

    exercise due diligence and make informed decisions when options

    under service schemes are offered. Courts cannot permit reopening

    of settled positions merely because, with the passage of time or

    with the emergence of favourable precedents, one scheme appears

    more advantageous than the other. Entertaining such belated

    claims would not only undermine certainty in service

    administration but also encourage avoidable litigation by those

    seeking to revisit choices made decades earlier

    18. Upon careful consideration of the impugned orders and the

    submissions advanced by learned counsel for the parties, this Court

    finds that the Tribunal has examined the matter in detail and has

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 18 of 19
    Signature Not Verified
    Digitally Signed
    Signed by: ANANTA KUMAR PRADHAN
    Designation: Senior Stenographer
    assigned cogent reasons while declining the relief sought for by the
    Reason: Authentication
    Location: HIGH COURT OF ORISSA
    Date: 11-Mar-2026 18:13:58

    Petitioners. The reasoning adopted by the Tribunal does not suffer

    from any apparent error of law, perversity or jurisdictional

    infirmity so as to warrant interference by this Court in exercise of

    its writ jurisdiction under Article 226 of the Constitution of India.

    Web copy of the order to be acted upon by all concerned.

    (Chittaranjan Dash)
    Judge

    (Krishna Shripad Dixit)
    Judge

    AKPradhan

    W.P.(C) Nos. 28979, 28901,
    28995, 29484 & 29564 of 2025 Page 19 of 19



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