BRIJ RAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The burning point of discussion in this writ petition is whether the petitioner is entitled to contributory provident fund and matching provident fund, or to the benefit of pension. The petitioner's case is this. The petitioner was appointed to the post of Weighment Clerk on 11.11.1954 in the Ministry of Food and Agriculture at Rampur, U.P. Region. Thereafter, he was promoted on various stages. On 13.02.1968, he was promoted to the post of Quality Inspector Grade I for the U.P. Region. The Department of Food vide its order dated 02.08.1979, transferred the services of the petitioner, alongwith other employees to the Food Corporation of India(in short FCI) w.e.f. 02.08.1979. On 18.09.1979 the petitioner was asked to give option for leave, provident fund or other terminal benefits. The said option furnished by the petitioner is reproduced as follows :-

(2.) Vide letter dated 30.01.1993 / 09.02.1993 the respondent asked the petitioner to furnish in triplicate his bio data form to enable it to process his case for pension and DCRG well in time. The petitioner requested the respondent to commute one third of his pension on 7th January, 1994. On 18.04.1994, he was informed that he would stand relieved from the duties w.e.f. 30.04.1994 consequent upon his attaining the age of superannuation and the petitioner stood retired from the service of FCI w.e.f. 30.04.1994. The petitioner was informed that as per record, an amount of Rs. 13,134/- on account of excess HRA in the sum of Rs. 3,114/- and balance vigilance recoveries till 30.04.1994 in the sum of Rs. 10,020/- were recoverable from him. Thereafter, the petitioner sent representation to settle the matter and. In this writ petitioner has prayed that the respondent be directed to release the pensionary retiring benefits to the petitioner forthwith.

(3.) Respondent have contested the present case.