M S DESAI Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THIS writ appeal is by a former employee of the second respondent North West Karnataka Transport Corporation, Hubli Division, Hubli, who is aggrieved that his request for providing pension after superannuation from service with his employer, payable under the provisions of the Employees Pension Scheme, 1995 [for short the scheme] while was denied in terms of an endorsement dated 6.11.2003 [copy at Annexure E to the writ petition], the writ petition questioning the legality of this order was also dismissed by the learned single Judge in terms of the order under appeal and therefore the present appeal.

(2.) THE purpose of the appeal is, ultimately to get the pension payable under the scheme.

(3.) AS a result, the appellant Petitioner came to be reinstated into service with effect from 1.2.1996. The appellant also retired in the normal course on attaining the age of superannuation with effect from 31.7.1999. Thereafter, the appellant it appears had sought for his retiral benefits and amongst them significant benefit which is denied and with which the appellant petitioner is aggrieved is the denial of pension under the scheme in terms of the endorsement issued by the provident fund authorities. The endorsement which is crisp and short reads as under: