GUJARAT HOUSING BOARD Vs. RAMANBHAI NAGARJI NAYAK

JUDGEMENT

(1.) The appellant-Gujarat Housing Board has challenged in this appeal the judgement and order dated 31.7.2001 passed by the learned Single Judge of this Court (Coram: Kundan Singh, J.) in Special Civil Application NO.14276 of 1993, whereby the learned Single Judge allowed the writ petition filed by the respondent-petitioner and held that the petitioner is entitled to the pensionary and retiral benefits. Accordingly, respondent no.1-Board is directed to obtain option from the petitioner in the prescribed form in order to apply Regulation, 1992 and fix and settle the pensionary benefits to be given to the petitioner in accordance with law as expeditiously as possible, preferably within three months from the date of receipt of the certified copy of the order.

(2.) Respondent no.1 herein has joined the services of appellant-Board as Work Charge 'Mistry' on 1.7.1964. Thereafter, he was promoted to the post of Work Charge Assistant on 20.7.1990 and he retired from service on 1.6.1991 after putting in about 27 years of service.

(3.) The pension scheme was introduced by the appellant-Board for its employees on 13.7.1992 with retrospective effect from 1.4.1990. Prior to introduction of the pension scheme, the employees of the appellant-Board were eligible for retiral benefits as per the Contributory Provident Fund Scheme (for short "CPF Scheme"). After retirement respondent no.1-petitioner was paid pensionary benefits, i.e. Rs.52,248/-, towards Provident Fund; Rs.10,872/-, towards gratuity; and Rs.4,026/-, as family pension. The Provident Fund amount includes contribution of the appellant-Board along with the contribution of the respondent-petitioner. The respondent-Board has introduced pension scheme in exercise of powers under section 74 of the Gujarat Housing Board Act, 1961 with previous sanction of the State Government. The employees who were in service on or after 1.4.1990 were eligible for pension scheme. Under the Pension Rules, the employees of the appellant-Board were required to file option and give undertaking to return the entire benefits they have taken from the Board. The Board was required to inform the employees to tender their option on or before 30.8.1992.