SHYAM PYARI Vs. UNION OF INDIA

JUDGEMENT

(1.) R. K. Mahajan, J. This is a writ petition filed by the legal represen tatives of late Shri Brij Nandan Lal who was an Assistant Security Officer, Railway seeking direction to quash compulsory retirement order dated 2-11-1985 passed by the respondent No. 5 and order dated 21-11-1981 refusing to provide family Pension instead of Provident Fund. A prayer has been further made that the petitioner No. 2 be provided job on compas sionate ground and family pension be given to the petitioner No. 1 as also the representations of the petitioners be decided.

(2.) SHRI Brijnandan Lal was Assistant Railway Security Officer when he was retired compulsorily on 1-8- 1981 at the age of 55 years. He died on 4-12-1981. It is alleged that Brijnandan Lal had opted for pension instead of Provident Fund but it was not finalised and later on an applica tion was made on 1-11-1981 for opting pension instead of Provident Fund to respondent No. 5. It appears that after his death, on 21- 11-1981 a communication was sent to the petitioners that the last date for option was 28-2-1981 and application of SHRI Brijnandan Lal cannot be entertained as it was received late. It is also alleged that SHRI Brijnandan Lal was ill before his retirement and he has not been retired compulsorily and arbitrarily.

(3.) I have heard the counsel for the petitioners Shri Vivek Mishra. Learned counsel for the petitioners submit that the retirement of Shri Brijnandan Lal is malicious. He further submitted that the petitioners be given benefit of opting for pension by Brijnandan Lal. The counsel for the respondents controverted the arguments of Shri Vivek Mishra.