C DAMODARASAMY Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS writ appeal is directed against the order passed in W. P. No. 9866 of 1999 dated 9. 1. 2003 dismissing the writ petition filed by the appellant herein seeking regular pension or compassionate allowance under the Life Insurance Corporation of India (Employees) Pension Rules, 1995.

(2.) THE brief facts necessary for disposal of this writ appeal are as follows.

(3.) THE said writ petition was resisted by the respondents by contending that the petitioner was terminated after giving three months notice or salary in lieu thereof as he could not reach the norms due to his deteriorating health conditions. Since the appellant was terminated from service with effect from 6. 3. 1990 after giving notice and as cut-off date is fixed as 1. 11. 1993 under Rule 33 of the Life Insurance Corporation of India (Employees) Pension Rules, 1995, the benefit of the said rule is not applicable to the appellant. It is also stated in the counter affidavit that the retirement of the appellant from service by way of penalty is not after 1. 11. 1993 and therefore he is not entitled to get pension. It is also stated that since the appellant has already been compulsorily retired with effect from 6. 3. 1990 after giving due notice as per the rules, the appellant is not entitled to get any relief. In the counter affidavit the respondents have justified the fixing of cut-off date as 1. 11. 1993 for the persons who are entitled to claim compassionate allowance.