K.J. PETER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who joined the Employees Provident Fund Scheme, 1952 as on 01-08-1966, but did not exercise the option to join the Employees Provident Fund Scheme, 1971, when the same was introduced, seeks enrollment under the Employees Pension Scheme, 1995. The petitioner admittedly retired from service on 31-08-1994.

(2.) The learned Single Judge found that the petitioner having not exercised an option to enroll in the Scheme of 1971, there could be no enrollment of the petitioner in the Scheme 1995, which was introduced later to his retirement.

(3.) The learned Counsel for the petitioner, however, raises the claim based on Ext.P1 paper report of 11-03-1998.In the aforesaid paper report, the persons who had retired between April 1993 and November 1995 were asked to apply in the prescribed form before 31-03-1998. The petitioner is said to have applied, but the response was by Ext.P2. Ext.P2 pointed out to the petitioner that the paper publication was only to assess the probable number of options in the event of the Scheme being amended to extend the option facility to ex-employees also, who were not members of the Pension Scheme 1971. The Scheme, however, was not amended and hence there is no scope for any claim by the petitioner. The Pension Scheme does not permit persons as situated like the petitioner to be enrolled under the Scheme of 1995. Under such circumstances, we do not think that any right can be claimed on the basis of Ext.P1 paper publication. We reject the Writ Appeal, leaving the parties to suffer their respective costs.