T.M.Sampath & Ors vs Sec.Min.Of Water Resources & Ors

The above switch-over was applicable to all the Central Government employees who were subscribing to the Contributory Provident Fund under the Contributory Provident Fund Rules, 1962. As stated in paragraph 7.2 of the said O.M., this switch-over was not applicable ipso facto to autonomous bodies under the Ministries of Central Government who were subscribing to any other scheme other than CPF Rules 1962, and therefore, it directed the administrative bodies to issue similar orders for CPF beneficiaries, in consultation with Department of Pensions and Pensioners' Welfare. Subsequently the employees of NWDA made representations to NWDA and Ministry of Water Resources in view of the directions in the O.M., pursuant to which the Ministry of Water Resources sought advice from the Ministry of Finance (Department of Expenditure). The Finance Ministry vide its letter dated 16.03.2000, advised autonomous bodies to continue to follow the CPF Scheme or work out an annuity scheme. Under paragraph 3 of the said letter it stated that introduction of pension scheme on Government of India pattern should not be agreed as a rule, and any exception in this regard would be referred to the Department. The Governing Body of NWDA in its 3rd meeting held on 31.3.1983 approved introduction of Contributory Provident Fund scheme for the employees of NWDA on the lines of Contributory Provident Fund Rules (India), 1962, as was clear in the appointment orders and CPF settlement cases of deceased employees of NWDA issued belatedly on 19/09/2007 and 23/12/2009. The NWDA did not make any distinct CPF rules. As stated by the respondents, in the year 1982 NWDA had framed contributory Provident Fund Rules, which were duly approved by the Governing Body of NWDA. It rejected the proposal for introduction of Pension-cum- GPF-DCRG Scheme in NWDA. The appellants sought Right to Information ("RTI") on 18.7.2000 whereupon the decision of Ministry of Finance dated 16.3.2000 and the decision taken by the Governing Body on 30.3.2000 that the implementation of the O.M. was rejected by the Governing body, was appraised to them.

Thus, by reason that the employees are governed by NWDA CPF Rules, 1982, the O.M. dated 01.05.1987 is not applicable to the appellant-employees. Further, as they have not established that they are Central Government employees, at par with their counterparts, their claim of parity with Central Government Employees is also defeated.

In view of the discussion in the foregoing paragraphs, we do not find any merit in these appeals which are accordingly dismissed. There shall be no order as to costs.

Following issues are involved in these matters for our consideration:

Further, the Counsel for the appellants' argument regarding the pension being part of the salary is accepted as the principle governing pension but it cannot be applied to the present case as the employees in the present case were not promised any pension at the time of their appointment and no deductions were made during their service towards any pension fund. Thus, it cannot be said that the employees have been denied what was rightfully theirs.

In the light of the discussion in the foregoing paragraphs, the writ petitions and the appeal are also dismissed. However, there shall be no order as to costs.

January 20, 2015.