R.LAKSHMANAN Vs. INDIAN AIRLINES LTD.

JUDGEMENT

(1.) This Writ petition is filed challenging the Indian Airlines Self Contributory Superannuation pension Scheme evolved by the 1st respondent as amended on 4/3/2003 and seeks for payment of 40% of pensionable pay as monthly pension to the petitioners as per the original Indian Airlines Employees Self-Contributory Superannuation Pension Scheme introduced in the year 1998 with all consequential benefits such as arrears of pension and interest at the rate of 15% per annum for delayed payment of pension.

(2.) It is averred in the writ petition that the petitioners are members of the Indian Airlines Employees Self-contributory Superannuation Pension Scheme (hereinafter called I.A.E.S.C.S Pension Scheme) which was approved by the Commissioner of Income Tax Act, 1961. In Indian Airlines Limited, the I.A.E.S.C.S Pension Scheme was approved by the Government of India through its letter dtd. 29/5/1997 as effective from 1/4/1994. The scheme is purely based on the contribution of the employees and hence it is an annuity scheme run by the Indian Airlines Ltd. Through a Trust. The salient features of the I.A.E.S.C.S Pension Scheme are as follows:

(3.) Due to financial mismanagement the petitioners including those who retired since 1998 were not paid pension even though they are entitled to monthly pension at 40% of their respective Provident Fund Pay.