N.C.VIJAYARAGHAVAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Review Application is directed against the order passed by the Division Bench of this Court in Writ Petition No.2905 of 1996, which was dismissed by a common order dated 11.06.2012, along with Writ Appeal No.2320 of 2003.

(2.) THE review petitioner is the writ petitioner in W.P.No.2905 of 1996. The Writ Petition was filed for issuance of Writ of Declaration to declare Clause 22 of the General Insurance (Employees) Pension Scheme 1995 as illegal and unconstitutional insofar as it forfeits the entire past service of an employee on resignation and consequently direct the third respondent herein to pay the petitioner full pension as in the case of voluntary retirement, in accordance with the Scheme, with interest, with effect from 1.11.1993. The Writ Petition was tagged along with Writ Appeal No.2320 of 2003 and both cases were heard together and the Division Bench taking note of the decision of the Honourable Supreme Court in the case of Uco Bank and Others V. Sanwar Mal reported in (2004) 4 SCC 412, wherein the Supreme Court considered the validity of Regulation 22 of the UCO Bank Employees Pension Regulations 1995, dismissed the Writ Petition holding that the "resignation" and "retirement" stand on different footing as explained in the said decision.

(3.) THE New India Assurance Co. Ltd., which was the respondent in the case of Sheel Kumar Jain, (supra), moved a review petition before the Supreme Court in Review Petition (c) No.425 of 2012 in Civil Appeal No.6013 of 2011 to review the said judgment. The Honourable Supreme Court, by order dated 15.3.2012, after considering the averments in the Review Petition, dismissed the same holding that having regard to the facts and issues involved, no case for review was made and there was no error in the order.