W .P.(C) 3172/2019 & connected maters Page 1 of 70 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 05.08.2025 Pronounced on: 02.09.2025 (1)+ W .P.(C) 3172/2019 BHARTI BAHUGUN A ...Petitioner Through: M r. S. Sunil, Adv. versus KENDRIYA VIDYALAYA SANGATHAN & ORS ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS M s. Shubhra Parashar and M r. V. P. S. Charak, Advs. for UOI. (2)+ W .P.(C) 2113/2020 DURGA SHIVA KUM AR & ORS. ...Petitioners Th rough: M r. Anirudh Gupta, Adv. versus UNION OF INDIA & ORS. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (3)+ W .P.(C) 2676/2020 & CM APLs. 44100/2022 & 20317/2024 ANJALI DAS & ORS ...Petitioners Through: M r. K.K. Rai, Sr. Adv. with M r. S.K. Pandey, M r. Anshul Rai, M s. Sreshi Chatterjee, M r. Rajan Parmar, M r. Chandrasekhar A. Chaualabbi and M r. Awanish Kumar, Advs. versus UNION OF INDIA & ORS ...Respondent s Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS Dr. Amar Nath Gupta and M r. W .P.(C) 3172/2019 & connected maters Page 2 of 70 Santosh Kumar Sahu, Advs. for R-12, 14, 15 and 16. (4)+ W .P.(C) 9479/2020 & CM APL. 30500/2020 KENDRIYA VIDYALAYA SANGATHAN ...Petitioner Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS versus M S. NISHA RANI ...Respondent Through: M r. Ravi Shankar Roy, Adv. (5)+ W .P.(C) 10278/2020 & CM APL. 32534/2020 KENDRIYA VIDYALAYA SANGATHAN ...Petitioner Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS versus M S.RADHIKA JOSHI ...Respondent Through: M r. N. P. Joshi, Adv. (6)+ W .P.(C) 11077/2020 & CM APL. 34583/2020 KENDRIYA VIDYALAYA SANGATHAN ...Petitioner Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS versus M RS.SHRADHA KASHYAP AND ORS ...Respondents Through: Dr. Amar Nath Gupta and M r. Santosh Kumar Sahu, Advs. (7)+ W .P.(C) 13002/2021 & CM APL. 40981/2021 KENDRIYA VIDYALAYA SANGATHAN ...Petitioner Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS versus SM T. SAROJ SHARM A ...Respondent W .P.(C) 3172/2019 & connected maters Page 3 of 70 Through: M r.Suresh Sharma, Adv. (8)+ W .P.(C) 10818/2022 SM T. INDU W AHI ...Petitioner Through: M r.Suresh Sharma, Adv. versus UNION OF INDIA AND OTHERS ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS M r.Anurag Ahluwalia, CGSC with M r.Keshav Sehgal, Adv. for UOI M s.Avshreya Pratap Singh Rudy, SPC with M s.Usha Jamnal, M s.Harshita Chaturvedi, Advs. for UOI. (9) + W .P.(C) 1040 8/2020 & CM APL. 32971/2020 KENDRIYA VIDYALAYA SANGATHAN ...Petitioner Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS versus M ADAN LAL PANERI ...Respondent Through: (10)+ W .P.(C) 748/2024 RITU SINGH ...Petitioner Through: Dr.Amar Nath Gupta and M r.Santosh Kumar, Advs. versus THE COM M ISIONER KENDRIYA VIDYALAYA SANGATHAN & ORS. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS W .P.(C) 3172/2019 & connected maters Page 4 of 70 (11)+ W .P.(C) 766/2024 VUTLA SUBBARAO ...Petitioner Through: Dr.Amar Nath Gupta and M r.Santosh Kumar, Advs. versus THE COM M ISIONER KENDRIYA VIDYALAYA SANGATHAN & ORS. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (12)+ W .P.(C) 8970/2024 GURVINDER KAUR SANDHU ...Petitioner Through: Dr.Amar Nath Gupta and M r.Santosh Kumar, Advs. versus THE COM M ISIONER KENDRIYA VIDYALAYA SANGATH AN & ANR. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (13)+ W .P.(C) 14455/2021 M R. P. RAM ACHANDRA REDDY & ANR. ...Petitioners Through: Dr.Amar Nath Gupta and M r.San tosh Kumar, Advs. versus UNION OF INDIA & ORS. ...Respondents Through: M r.Ripudaman Bhardwaj, CGSC with M r.Kushagra Kumar, M r.Amit Kr. Rana, Advs. for UOI. M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (14)+ W .P.(C) 1440/2022 BIJAY KUM AR JHA ...Petitioner Through: M r.Abhishek Singh, Adv. versus W .P.(C) 3172/2019 & connected maters Page 5 of 70 THE COM M ISIONER KENDRIYA VIDYALAYA SANGATHAN & ANR. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (15)+ W .P.(C) 11465/2023 BHUPINDER JIT SODHI & ANR. ...Petitioners Through: Dr.Amar Nath Gupta and M r.Santosh Kumar, Advs. versus THE COM M ISIONER KENDRIYA VIDYALAYA SANGATHAN & ANR. ...Respondents Thro ugh: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (16)+ W .P.(C) 50/2024 USHA CHOUDHARY ...Petitioner Through: M r.Kripa Shankar Prasad and M r.Harsh Jain, Advs. versus KENDRIYA VIDYALAY SANGATHAN THROUGH COM M ISIONER & ORS. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (17)+ W .P.(C) 12211/2023 SM T.RAKESH KUM ARI ...Petitioner Through: M r.G. Natarajan, Adv. versus THE COM M ISIONER KENDRIYA VIDYALAYA SANGATHAN AND ANR. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (18)+ W .P.(C) 12991/2023 & CM APL. 51223/2023 W .P.(C) 3172/2019 & connected maters Page 6 of 70 CHANDRA CHOOR PANDEY ...Petitioner Through: M s.Anubha Dhulia, Adv. versus UNION OF INDIA AND OTHERS ...Respondents Through: M s.Nidhi Banga, SPC with M r.Sandep Chaudhary, Adv. for R-1/UOI. M r. U. N. Singh, M r. D. N. Singh and M s. Sandh ya Chaturvedi, Advs. for KVS (19)+ W .P.(C) 16726/2023 ALOK KUM AR SHARM A & ANR. ...Petitioners Through: Dr.Amar Nath Gupta and M r.Santosh Kumar, Advs. versus THE COM M ISIONER KENDRIYA VIDYALAYA SANGATHAN & ORS. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS M r. N. K. Bhatnagar, M r. Arkam Khan and M s.Tanushree Khandelwal, Advs. (20)+ W .P.(C) 1373/2024 AM IN UDDIN KHAN AND ANOTHER ...Petitioners Through: M s.A nubha Dhulia, Adv. versus THE COM M ISSIONER, KENDRIYA VIDYALAYA SANGATHAN AND ANR ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (21)+ W .P.(C) 5718/2024 USHA KIRAN DHAM IJA ...Petitioner Through: Dr.Amar Nath Gupta and W .P.(C) 3172/2019 & connected maters Page 7 of 70 M r.Santosh Kumar, Advs. versus COM M ISIONER KENDRIYA VIDYALAYA SANGATHAN & ANR. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (22)+ W .P.(C) 10032/2024 M . SAROJINI NANCY BALA & ORS. ...Petitioners Through: Dr.Amar Nath Gupta and M r.Santosh Kumar, Advs. versus KENDRIYA VIDYALAYA SANGATHAN & ORS. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sand hya Chaturvedi, Advs. for KVS M r.Naginder Benipal, SPC with M r.Ankit Siwach, M r.Udit Vaghela and M r.Arjun Baliyan, Advs. (23)+ W .P.(C) 6557/2024 ANKARAJU SAVITHRI DEVI ...Petitioner Through: Dr.Amar Nath Gupta and M r.Santosh Kumar, Advs. versus UNION OF INDIA & ORS. ...Respondents Through: M r.Kshitij Chhabra, SPC with M r.Kamaldep, Adv. M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (24)+ W .P.(C) 9581/2024 & CM APL. 39347/2024 SM T KRISHNA DAS & ORS. ...Petitioners Through: Dr.Amar Nath Gupta and W .P.(C) 3172/2019 & connected maters Page 8 of 70 M r.Santosh Kumar, Advs. versus THE COM M ISIONER KENDRIYA VIDYALAYA SANGATHAN & ORS. ...Respondents Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS (25)+ W .P.(C) 15137/2024 & CM APL. 63528/2024 KENDRIYA VIDYALAYA SANGATHAN THROUGH ITS COM M ISIONER ..... Petitioner Through: M r. U. N. Singh, M r. D. N. Singh and M s. Sandhya Chaturvedi, Advs. for KVS versus DIVYA TIW ARI & ORS. ...Respondents Through: Dr.Amar Nath Gupta and M r.Santosh Kumar Sahu, Advs. M r.Abhishek Tyagi and M r.Rajiv M itra, Advs. CORAM : HON'BLE M R. JUSTICE NAVIN CHAW LA HON'BLE M S. JUSTICE SHALI NDER KAUR J U D G M E N T SHALINDER KAUR, J. 1. The present batch of W rit Petitions under Article 226 of the Constitution of India , have ben filed to assail the final Orders passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter refered to as, µ7ULEXQDO¶ , either allowing or dismissing the Original Applications µ2$¶ filed by the employes of the Kendriya Vidyalaya Sangathan µ.96¶ seking grant of the W .P.(C) 3172/2019 & connected maters Page 9 of 70 benefits under the General Provident Fund µ*3 F¶ -cum -Pension Scheme of the KVS. 2. At the outset , we may note that the batch of petitions involve similar issues of law and arise from a common bundle of facts , though the date s of joining , retirement and nature of appointment are different, therefore, it is demed appropriate to adjudicate them vide this common Judg ment. FACTUAL BACKGROUND 3. The brief factual matrix , so far as is relevant to the present petitions , is that pursuant to the recommendation s of the Fourth Central Pay Commission (CPC) , Ofice M emorandum dated 01.05.1987 was issued by the M inistry of Personnel, Public Grievance and Pension, Department of Pensions and 3HQVLRQHUV¶ W elfare, for switch -over of employes from the Contributory Provident Fund µ&3)¶ Scheme to the Pension Sch eme, acording to which all CPF beneficiaries who were in service of the Central Government on 01.01.1986 and continue to remain in service , were demed to have come over to the Pension Scheme unless , on or before 30.09.1987, they specifically opted to con tinue under the CPF Scheme. It was further stipulated that the CPF beneficiaries, who were in service on 01. 01.1986 but have since retired and in whose case retirement benefits have also ben paid under the CPF Scheme, will have an option to have their ret irement benefits calculated under the Pension Scheme provided they opt for the same latest by 30.09.1987 and refund to the Government, the Government contribution to the W .P.(C) 3172/2019 & connected maters Page 10 of 70 Contributory Provident Fund and the interest thereon, drawn by them at the time of set tlement of the CPF Acount. It was stipulated that the option once exercised, shall be final. The relevant extract from the said OM is as under: ³ Al CPF beneficiaries, who were in service on 1.1.1986 and who are stil in service on the date of isue of these orders will be deemed to have come over to the Pension Scheme. 3.2. The employees of the category mentioned above will, however, have an option to continue under the CPF Scheme, if they so desire. The option will have to be exercised and conveyed to the concerned Head of Ofice by 30.09.1987 in the form enclosed if the employees wish to continue under the CPF Scheme. If no option is received by the Head of Ofice by the above date the employees will be deemed to have come over to the Pension Scheme. 3.3. The CPF beneficiaries, who were in service on 1.1.1986 but have since retired and in whose case retirement benefits have also been paid under the CPF Scheme, will have an option to have their retirement benefits calculated under the Pension Scheme pr ovided they refund to the Government, the Government contribution to the Contributory Provident Fund and the interest thereon, drawn by them at the time of setlement of the CPF Account. Such option shall be exercised latest by 30.09.1987. xxxxx 3.6 The option once exercised shal be final. xxxxx 4.2 In the case of employees refered to above, who come over or are deemed to come over to the Pension Scheme, the Government's contribution to the CPF together with the interest thereon credited to the CPF Account W .P.(C) 3172/2019 & connected maters Page 1 of 70 of the employee will be resumed by the Government. The employees contribution together with the interest thereon at his credit in the CPF Account will be transfered to the GPF Account to be aloted to him on his coming over to the Pension Sc heme. ´ 4. The KVS adopted the said OM dated 01.05.1987 vide OM No. 152 -1/79 -80/KVS/Budget/Part II dated 01.09.1988 and decided to implement it mutatis mutandis , except that the date of giving the option was stipulated as 31.01.1989 . The relevant portions of the KVS OM dated 01.09.1988 read s as under: ³,Q the 51st M eeting of the Board of Governors of the Kendriya Vidyaiaya Sangathan heid on 31st M ay, 198, it was aproved that Kendriya Vidyalaya Sangathan will, implement mutatis -mutand is the decision taken by the Govt. of India on the recomendations of the Fourth Central Pay Comision for its employees for the change over from Contributory Provident Fund Scheme to Pension Scheme in the maner as indicated in the M inistry of Personel, Public Grievances and Pensions (Dept. Of Pension and Pensioners' W elfare) O.M . No. 4/1/87 - PIC dated 1.5.1987. 2. It has, accordingly, been decided that persons joining service in the Sangathan on or after 1.1.1986 shall be governed only by the G.P.F. -cum -Pension Scheme and will have no option for C.P.F. Scheme. However, for al CPF beneficiaries, who were in service on 1.1.1986, the decision taken shall be Implemented in the maner hereinafter indicated. 3. Al C.P.F. beneficiaries, who were in service on 1.1.1986 and who are stil in service on the date of isue of these orders will be deemed to have come over to the Pension Scheme. W .P.(C) 3172/2019 & connected maters Page 12 of 70 3.2 The employees of the category mentioned above will, however, have an option to continue under the CPF Scheme, if they so desired. The option will have to be exercised and conveyed to the concerned Head of ofice/Principal by 31.1.1989. In duplicate, in the form enclosed (one form may be sent to this ofice while the other kept with personal records of the employee concerned ) if the employees wish to continue under the CPF Scheme. If no option is received by the Head of Ofice/Principal by the above date and in this ofice through them by 28.2.1989 the employees will be deemed to have come over the Pension Scheme. The Head of Ofice/Principals are to forward in one lot options exercised by employees for retention of CPF Scheme received by them, to reach Sangathan's Ofice latest by 28.2.1989, where no option to continue under the CPF Scheme is received by them from any, a nil report be sent by due date viz. 28.2.1989. 3.3 The C.P.F beneficiaries, who were in service -on 1.1.1986, but. haye since retired and in whose case retirement benefits have also been paid under the C.P.F Scheme, will have option to have their retirement benefits calculated under the Pension Scheme provided they refund to the Sangathan, the Sangathan contribution (M anag ement Share) to the Contributory Provident Fund and the interest thereon, drawn by them at the time of setlement of the CPF account. Such option shall be exercised latest by 31.1.1989. xxxxx 3.6 The Option once exercised shall be final. xxxxx 4.2 In the case of employees refered to above, who come over or are deemed to come over to the Pension Scheme, the Sangathan's contribution to the CPF together with the interest thereon credited to the CPF account of the employee will be resumed by the W .P.(C) 3172/2019 & connected maters Page 13 of 70 Sangathan. The employees contribution together with the interest thereon at his credit in the CPF account will be transfered to the CPF account, to be aloted to him on his coming over to the Pension 6FKHPH´ 5. At this stage, it would be relevant to note that M r. K. K. Rai, learned Senior Counsel for some of the employes of the KVS , pursuant to our Order dated 14.07.2025, furnished consolidated written submissions on behalf of the employes , and submitted that all the writ petitions can be categorized into thre categories, which are as follows: I. Category A: Employes who had not opted to continue in the CPF Scheme during the prescribed period of five months, that is, from 01.09.1988 to 31.01.1989, in terms of the KVS OM dated 01.09.1988. II. Category B: Em ployes who had opted to continue in the CPF Scheme during the said five -month period from 01.09.1988 to 31.01.1989 and now want to switch over to the GPF -cum -Pension Scheme . III. Category C: Employes who were direct apointes (or whose services were confirme d/regularised) between 01.01.1986 and 31.12.2003, when the CPF Scheme was not in operation. 6. The learned Senior Counsel has also provided us with a list , splitting all the petitions in the present batch into the thre categories W .P.(C) 3172/2019 & connected maters Page 14 of 70 mentioned above, as under: Category 'A' Category 'B' Category 'C' W .P. (C) Nos. 3172/2019, 213/2020, 9479/2020, 140/202, 10818/202, 121/2023, 748/2024, 76/2024, 1077/2020, 16726/2023,1465/2023, 10278/2020,1302/2021, 5718/2024, 9581/2024, 1032/2024, 50/2024 and Respondent Nos. 73 & 74 in W.P. (C) 145/2021. W .P.(C) Nos. 2676/2020, 145/2021, and Respondent Nos. 7, 9 and 1 in W.P.(C) No. 107/2020 W .P.(C) Nos. 657/2024, 8970/2024, 15137/2024, 10408/2020. 1373/2024 and 1291/2023 7. The common grievance of the employees is that they sek retiral benefits under the GPF -cum -Pension Scheme instead of the CPF Scheme . 8. Category A employes claim that they are eligible for the benefits under the GPF -cum -Pension Scheme as they never opted to remain in the CPF Scheme and, therefore, automatically came over to the GPF -cum -Pension Scheme as per the deming provision under paragraph 3.2 of the OM dated 01.09.1988. Category B employes claim that though they had initia lly opted to continue under the CPF Scheme during the prescribed period, they should be entitled to switch over to the GPF -cum -Pension Scheme , based on principles of parity and equality, as similar opportunities had ben granted to employes in other organ izations as also KVS employes in other States. W .P.(C) 3172/2019 & connected maters Page 15 of 70 Category C employes claim that as per paragraph 2 of the OM dated 01.09.1988, persons joining service in the KVS on or after 01.01.1986 shall be governed only by the GPF -cum -Pension Scheme and will have no option for the CPF Scheme, therefore, since they were borne in service post the cut -of date, they would automatically come under the GPF -cum -Pension Scheme. 9. It is the case of the employes that in this regard, they requested the KVS to consider them under the GPF -cum -Pension Scheme and also submitted representations for the same, which were , however, rejected, prompting them to approach the learned Tribunal. 10. The learned Tribunal was pleased to allow some OAs and dismiss the others. Acordingly, the KV S has filed W rit Petitions against the former, while the employes have filed W rit Petitions against the latter. DELAY AND LACHES 11. At the outset, we dem it appropriate to first address the common preliminary objection of delay and laches raised by the KVS across all categories. SUBM ISIONS ON BEHALF OF THE KVS 12. The learned counsel for the KVS submitted that the present batch of petitions are liable to be dismissed on the ground of delay and laches. It was submitted that the actual cause of action arose way back in the year 1989, when the employes were asked to submit their option forms in terms of the KVS OM dated 01.09.1988 . He W .P.(C) 3172/2019 & connected maters Page 16 of 70 submitted that thus, the employes could not have approached the learned Tribunal or this Co urt at such a belated stage to voice their grievances , particularly when in some of the cases, the petitions have ben filed many years after retirement, which is not permissible in law. 13. The learned counsel vociferously urged that the employes have no rig ht to receive the benefits under the GPF -cum -Pension Schem e by claiming that the said right is a continuous cause of action. It was submitted that even if it is assumed that the KVS had allowed them to make payment s under the CPF Scheme despite not having opted for the same, the employes could have raised their grievance s within a year from when the OM dated 01.09.1988 came into efect , that is, the period of limitation prescribed for fil ing an OA , and not beyond that. 14. The learned counsel further submitte d that the present petitions are squarely covered by the judgment passed by this Court in DTC v. M adhu Bhushan Anand , 2010 (172) DLT 668, and the employes have filed the present petitions belatedly, without any explanation for the delay and laches in appr oaching the learned Tribunal and , hence, the petitions are liable to be dismissed. In support of the said contention, the learned counsel also relied upon the judgment of the Supreme Court in Union of India and Ors . v. M .K. Sarkar , (2010) 2 SCC 59 , and of this Court in Kendriya Vidyalaya Sangathan v. M anju Sehgal , 2021:DHC:937 -DB, and of the High Court of Kerala in M .R. Indira v. Kendriya Vidyalaya Sangathan & Ors. , 2023 SCC OnLine Ker 11465. W .P.(C) 3172/2019 & connected maters Page 17 of 70 SUBM ISIONS ON BEHALF OF THE EM PLOYES OF THE KVS 15. Per contra , the learned counsels for employes submitted that the right to pension , being a fundamental right , could not be circumscribed by taking recourse to the plea of delay and laches. Reliance was placed on the judgment dated 17.01.2019 of Bombay High Court in W .P No. 1331/2017, titled Amita Ajit Desai & Ors. v. Union of India & Ors. 16. It was also submitted that insofar as the right to pension is concerned, the cause of action is of a continuing nature and, therefore, the plea of limitation would not arise. Hence, the HPSOR\HHV¶ claim cannot be rejected merely on the ground of delay. Reliance in thi s regard was placed on the decision of Supreme Court in Union of India & Anr . vs. Tarsem Singh , (2008) 8 SCC 648.