VIJU Vs. SECRETARY GOVERNMENT OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Shri Sundaram, the learned counsel, waives notice on behalf of the respondent Nos. 1 to 4. Mr. Motghare, the learned counsel, waives notice on behalf of the respondent No. 5. Heard by consent.

(2.) The present petition has been filed by the petitioner praying for quashing and Setting aside the order dated 2nd April, 2004 passed by the respondent No. 3, thereby rejecting the claim of the petitioner for her entitlement under the employees' Pension Scheme, 1995 (hereinafter referred to as the 1995 Scheme).

(3.) The facts in brief giving rise to the filing of the present petition are as under: that, the husband of the petitioner was employed with respondent No. 5 as attendant on 1st March, 1979. Husband of the petitioner was serving with the respondent No. 5 till 31st January, 1994. He opted for Voluntary Retirement scheme and took voluntary retirement with effect from 31st January, 1994. The husband of the petitioner withdrew his retiral benefits on 23rd August, 1994.