Facts
The applicant, a PGT (Hindi) at Kendriya Vidyalaya (KV) Pushp Vihar, challenged an order dated January 31, 2019, issued by the respondents (Kendriya Vidyalaya Sangathan or KVS), which declared her ineligible for the GPF-Cum-Pension Scheme
Source reference: p. 3The applicant sought the quashing of this order and a direction for the respondents to provide all benefits under the said scheme
Source reference: p. 3During the proceedings, both parties acknowledged that the applicant falls under one of the three categories of employees identified in a similar dispute previously adjudicated by the Hon'ble Delhi High Court
Source reference: p. 3The matter was heard and disposed of on May 7, 2026
Source reference: p. 1Issues
1. Whether the applicant is entitled to be governed under the GPF-Cum-Pension Scheme rather than the CPF scheme
Source reference: p. 32. Whether the applicant's claims should be decided in accordance with the precedent set in Bharti Bahuguna vs Kendriya Vidyalaya Sangathan Ors.
Source reference: p. 3-4Law Applied
The court primarily relied on the legal principles and categorization established by the Hon’ble Delhi High Court in Bharti Bahuguna vs Kendriya Vidyalaya Sangathan Ors., which addressed the conversion of employees from the Contributory Provident Fund (CPF) to the General Provident Fund (GPF)-cum-Pension Scheme
Source reference: p. 3-4The court also noted the current status of the law as affected by the Hon’ble Supreme Court’s interim stay on the operation of the Bharti Bahuguna judgment
Source reference: p. 4Reasoning
The Tribunal noted that counsel for both the applicant and the respondents were in agreement that the legal issues in this case were identical to those in Bharti Bahuguna
Source reference: p. 3It was undisputed that the applicant belongs to one of the categories eligible for relief under the High Court's ruling
Source reference: p. 3The Tribunal observed that the Supreme Court is currently seized of the matter and has stayed the High Court's judgment
Source reference: p. 4Consequently, instead of a final adjudication on the merits of the pension conversion, the Tribunal determined that the applicant's claim must be processed by the respondents in alignment with the ultimate judicial outcome of the Bharti Bahuguna case
Source reference: p. 4Holding
The Tribunal disposed of the O.A. with a direction to the respondents to decide the applicant’s claim in light of the decision of the Hon’ble Delhi High Court in the Bharti Bahuguna case
Effectively, the relief is subject to the finality of the pending litigation before the Hon’ble Supreme Court. No costs were awarded, and all pending MAs were disposed of
Source reference: p. 4Original Court PDF
Pramila SharmavsKendriya Vidyalaya Sanghthan
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