P J ABRAHAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined Indian Railways as an Assistant Mechanical Engineer on 16/04/1956. On 1/03/1983, he was sent on deputation to a Public Sector Undertaking Balmer Lawrie and Company Ltd. On 31/08/1983, the petitioner was permanently absorbed in the Company.

(2.) On his absorption in the Company, the petitioner claimed retrial benefits from the Railways. He was asked to exercise an option in terms of the Circular issued by the Indian Railways vide letter dated 18/02/1970. The petitioner had the choice of accepting monthly pension or a lump sum amount of money. The petitioner had opted for the lump sum payment. As a result, the petitioner was paid, as stated by his counsel, an amount of Rs.1,63,422/-.

(3.) On 16/04/1987, the benefit of liberalized pension was granted to the persons who had opted for payment of monthly pension. Thus, the amount of pension was revised. The petitioner approached the authorities with the request that even he should be given a chance to exercise fresh option as there was change in policy. He pointed out that in the Circular dated 18/02/1970 it had been provided that the benefit of liberalization shall not be available to persons absorbed in a public enterprise. Since there was a change in the policy, he was entitled to exercise his option afresh. His request was declined.