THAMPURAN R R V Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner retired from the 5th respondent on May 15, 2007 after rendering 39 years of service. Fifth respondent is covered by the Employees Pension Scheme. Petitioner contends that he had joined the Employees Pension Scheme 1995 soon after the introduction of the said scheme and contribution was being made in terms of the Employees Pension Scheme, 1995 till the date of the petitioner's retirement in 2007 itself. After retirement, petitioner submitted Exhibit P-2 application for withdrawal of pension under Form 10-D. That was rejected under Exhibit P-3 finding that petitioner was not a member of the Family Pension Scheme 1971 or the Employees Pension Scheme 1995 and that he is not eligible for pension withdrawal. This has been challenged in the writ petition.

(2.) A counter affidavit has been filed by respondents 2 to 4, wherein, it is contended that petitioner was not a member of the Employees' Family Pension Scheme 1971 and in such circumstances, if the petitioner wants to become a member of the Employees' Pension Scheme, 1995 then he has to remit the entire contribution for the period from 1971 to 1995 along with interest. This, it is contended is, what is provided under Paragraph 6 of the Employees Pension Scheme.

(3.) Heard learned Counsel for the petitioner and learned standing counsel for the Provident Fund Organisation. Reference will have to be made to the Employees Pension, Scheme, 1995. Clauses 6(d), 7 and 17 of the Scheme read as follows: