GANGARAM DHOBI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed seeking for an appropriate direction to the respondents to provide pension to the petitioner under the Employees Pension Scheme.

(2.) The brief facts relevant for the disposal of the present writ petition is that the petitioner was appointed under the Food Corporation of India i.e. the respondents No. 2 to 4 on 5/5/1973. The petitioner continued to serve with the respondents and took voluntary retirement in September, 2004.

(3.) During the period of his service, the petitioner was a member to the Contributory Provident Fund (CPF). When the Employees Pension Scheme (EPS) was enacted in 1995, an option were called from all interested employees of enabling them to get pension post retirement. The petitioner has not tendered his option for availing the pensionary benefits and thereby upon his getting retired from service, he received the entire contribution of CPF to the tune of more than Rs.60.00 lakhs i.e. 90% of the CPF contribution. The 10% of the contribution was retained by the Department.