RAJ BHASKAR Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The petitioner is aggrieved by the non release of his pension which he claims he is entitled to and seeks a writ of mandamus for the same along with interest @ 18% p.a. upto the date of payment.

(2.) The petitioner joined the services of respondent No.1 Oriental Insurance Company Limited on 1.1.1960 and rose to the post of Manager. It is stated that on 21.1.1976 by a gazette notification the General Insurance (Termination, Superannuation and Retirement of Officers and Development Staff) Scheme 1976 (hereinafter referred to as the 'said scheme') was brought into operation and the same was amended from time to time. The last relevant amendment is stated to have been carried out on 23.12.1991 and the said scheme provided both for voluntary retirement and determination of service. The relevant clause deals with these two modes of cessation of service in the scheme are as under :

(3.) It is further stated in the petition that in 1992 there was no pension scheme in existence and there was no difference in post retiral benefits in cessation of service by either of the aforesaid two modes.