ARUN OSWAL Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE present petition has been filed by the petitioner seeking the following reliefs:

(2.) THE facts as noted from the petition, are, the petitioner joined the services of the respondent on October 3, 1983 as Development Officer. In the year 1995, the respondent introduced the pension scheme known as General Insurance (Employees) Pension Scheme, 1995. The petitioner gave his option for being covered under the scheme and as such, was a pension optee. It is the case of the petitioner that in the year 2003, when he had put in 19 years and 6 months, the Ministry of Finance, Govt. of India issued a gazette notification on January 2, 2003 in exercise of powers conferred under Section 17A of the General Insurance Business (Nationalization) Act, framing a scheme by amending the General Insurance (Rationalization of Pay Scales and Other Conditions of Service of Development Staff) Scheme, 1976. In terms of the said notification, more specifically, para 15C, a special Voluntary Retirement package ('SVRS, 2003' in short) was introduced e paper book). In terms of the said package, a Development Officer shall be eligible to opt for the special voluntary retirement package except who is under suspension, against whom disciplinary proceedings are pending or contemplated. Be that as it may, in terms of clauses 2 and 3 of the said package, the other benefits were as under:

(3.) THE petitioner opted for voluntary retirement on April 1, 2003. The option was accepted but, he was not granted pension. He wrote a letter dated June 4, 2003 to the respondent requesting them for granting pension and leave encashment benefits which was never responded to by the respondent. He wrote another letter dated September 7, 2003, with regard to non payment of Earned Leave as also the pension, despite being a pension optee. The respondent vide letter dated October 29, 2003, denied the pensionary benefits to the petitioner by stating that he is not eligible for pension as he could only complete 19 years and 6 months of service and not 20 years as stipulated in para 11B (ii) of the Circular dated February 6, 2003.