OM PRAKASH SHUKLA vs KENDRIYA VIDYALAYA SANGATHAN (KVS) on 28 October 2026

1. Kendriya Vidyalaya Sangathan (HQ), 18- Institutional Area, Shaheed Jeet Singh Marg, New Delhi — 110016. Through its Commissioner

2. Joint Commissioner (Finance.) Kendriya Vidyalaya Sangathan (HQ), 18- Institutional Area, Shaheed Jeet Singh Marg, New Delhi — 110016.

3. Finance Officer Kendriya Vidyalaya Sangathan (HQ), 18- Institutional Area, Shaheed Jeet Singh Marg, New Delhi - 110016. ... Respondents (By Advocate: Mr. UN Singh)

DEEKSHA DHINGRA

O R D E R (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants seek the following reliefs:- “(i) That this application may kindly be allowed; and

(ii) That the Hon’ble Tribunal may quash the impugned letter dated 09-12-2025 issued by the respondents. (Annex. - A/1).

(iii) That the respondents may be directed to allow the services of the applicant governed by the GPF cum Pension Scheme w.e.f. 01-09-1988 in pursuant to the Para-3 of OM dated 01-09-1988 (Annex. -A/2). The respondents may be directed to pay full pension benefits to the applicant with arrears & interest @ 18% P.A.

(iv) That the action of the respondents considering the applicant services governed by the CPF after 01-09- 1988 even in the absence of any option form be declared illegal.

(v) That the services of the applicant may be declared governed by the GPF and may be held entitle for the retiral/pension benefits under the GPF Scheme.

(vi) Any other order/directions of relief may be granted in favour of the applicant which may be deemed just and proper under the facts and circumstances of this case."

2. During the hearing, learned counsel for the applicant and learned counsel for the respondents agree that the present matter can be disposed of with a direction to the respondents to consider and decide the claims of the

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applicant in the light of the judgment dated 02.09.2025 passed by the Hon’ble High Court of Delhi in Bharti Bahuguna v. Kendriya Vidyalaya Sangathan & Ors., W.P.(C) No. 3172/2019 and connected matters, reported as 2025:DHC:7629-DB. In the said judgment, the Hon’ble High Court considered the claims of the employees falling in three categories and granted relief in respect of their entitlement under the GPF-cum-Pension Scheme. The applicant herein admittedly fall in one of the said categories, which is not in dispute.

3. It is, however, noted that the aforesaid judgment is presently under challenge before the Hon’ble Supreme Court and the issue arising therefrom is pending consideration. The proceedings before the Hon’ble Supreme Court are, therefore, likely to have a bearing upon the claims of the applicants.

4. In view of the aforesaid position, and with the consent of both parties, the present O.A. is disposed of with a direction to the respondents to consider and decide the claims of the applicants in accordance with law, keeping in view the judgment dated 02.09.2025 passed by the Hon’ble High Court of Delhi in Bharti Bahuguna v. Kendriya Vidyalaya Sangathan & Ors., 2025:DHC:7629-DB.

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However, any decision taken in respect of the applicants shall remain subject to the final outcome of the proceedings pending before the Hon’ble Supreme Court arising from the aforesaid judgment and shall abide by the final decision rendered therein.

5. There shall be no order as to costs.

(Manish Garg) Member (J)

/dd /

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