NEW INDIA ASSURANCE CO. (EMPLOYEES), PENSION FUND, NO. 87, REPRESENTED BY ITS MANAGER, NEW INDIA ASSURANCE CO. LIMITED, THE CHAIRMAN-CUM-MANAGING DIRECTOR, NEW INDIA ASSURANCE CO. LIMITED NEW INDIA ASSURANCE Vs. SRI RAJASEKARAN, S/O. LATE G SARG

JUDGEMENT

(1.) THE Appellants have challenged the order passed by the learned Single Judge allowing the writ petition filed by the first Respondent directing the Appellants to sanction and pay the pension.

(2.) THE facts relevant for the purpose of this appeal are as under: The first Respondent herein was appointed as a Probationary Inspector on 28.12.1983 and before his appointment, he was called upon to undergo training by the Appellant New India Assurance Company from 18 -07 -1983 for a period of three months. After the successful completion of the training period, he was selected and appointed vide the appointment order referred to supra and the first Respondent reported to the duty on 31 -12 -1983.

(3.) THE first Respondent having fulfilled the conditions prescribed for voluntary retirement, made an application on 03 -03 -2003 seeking voluntary retirement. The said application was accepted and he was relieved from services on 01 -04 -2003. Though the Petitioner requested for payment of pension as per the Pension Scheme, 1995, the same was not granted. The Respondent No. 1 made several representations for the period from 27 -5 -2003 till 24 -04 -2004. His request for grant of pension was not considered. It is under these circumstances that he approached this Court by filing a petition under Articles 226 and 227 of the Constitution of India requesting for a direction to the Appellants and Respondent No. 2 to sanction and pay the pension under the 1995 Pension Scheme.