I joined an institute aided by government under UP Technical Education Department in 1979 on Ad-hock basis was got permanent in 1982, further, on recommendation of departmental committee, I got regularized in the year 2006 w.e.f. the date of appointment i.e. 1979 that has been conveyed to me in 2006. In continuation to different G.O.s till 1996 providing option of switch over to GPF in place of CPF, I had worked as a CPF employee. The basic conditions of those G.O.s issued only till 1996 (the date on which i was not a regular employee) for option of GPF/CPF was that the employee who is regular can only opt CPF/GPF. After got regularized i continued to request since 2010 (two years before my retirement) to change my option from CPF to GPF by fulfilling the basic criteria those G.O.s i.e. Regularization with all the recoveries of CPF amount. I got retired on 2016 completing the age of 60 years with all the payments under CPF rule. May any expert help me to guide whether am i eligible for 1. Gratuity & 2. Pension (both or any one of them).
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Since you were a regular employee you are eligible for gratuity and pension. The hon'ble Supreme Court has time and again held that gratuity and pension are not bounty but are right of a person.
Regards
It may be noted that the advise has been given on the limited set of facts provided to me.
P.S.: Let me know if I can be of further help.
From your contents it appears you are eligible for gratuity payment but since you have not opted for GPF and you remained in CPF itself, the eligibility for pensionis at stake.
Retirement Gratuity
This is payable to the retiring Government servant. A minimum of 5 years qualifying service and eligibility to receive service gratuity/pension is essential to get this one time lump sum benefit. Retirement gratuity is calculated @ 1/4th of a months Basic Pay plus Dearness Allowance drawn before retirement for each completed six monthly period of qualifying service. There is no minimum limit for the amount of gratuity. The retirement gratuity payable is 16 times the Basic Pay, subject to a maximum of Rs. 10 lakhs.
CPF rules shall apply to every non-pensionable servant of Government
belonging to any of the Services under the control of the President who-
(a) has been admitted before these rules came into force to the benefits of the
Contributory Provident Fund (India); or
(b) may be admitted by Government to the Fund after these rules come into
force:
