T.V. RAMACHANDRAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed seeking a direction to the Respondents to treat the Petitioner as a Central Government Pensioner as per his option exercised under Sec. 12-A(a) and (b) of the Food Corporation Act, 1964 for the purpose of payment and disbursement of retirement benefits and other benefits applicable to the Central Government Pensioners and grant revised pension to the Petitioner from time to time as directed by the Central Pay Commission to the Central Government retired Employees and the same shall be payable to the Petitioner from his date of retirement i.e. 30/4/1998 on the basis of his last drawn pay in the Corporation within a stipulated time.

(2.) The case of the Petitioner is that he retired from service on 30/4/1998, after serving about 36 years in Food Corporation of India (FCI), established under the Food Corporations Act, 1964. He was a 'Food Transferee', i.e., a person originally was working under the Ministry of Food, Government of India, placed at the disposal of the Food Corporation of India. Under Sec. 12-A of the said Act, an opportunity was given to every transferee Employee like the Petitioner to opt for the scale of pay applicable to the post held by such Employee under the Government immediately before the date of transfer or the scale of pay applicable to the post under the Corporation to which the Employee was transferred.

(3.) The learned Counsel appearing for the Petitioner submitted that initially, the Petitioner was working under the Ministry of Food, Government of India and subsequently, under Sec. 12-A of the Food Corporation Act, 1964, he opted for transfer to Food Corporation of India and the opportunity was given to the transferred Employee to opt for the scale of pay applicable to the post held by such Employee under the Government immediately before the date of transfer or the scale of pay applicable to the post under the Corporation to which the Employee was transferred.