SADANAND PUTHRAN Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) The petitioner who is aged 73 years has filed present petition on 19th December 2013, thereby praying to grant him benefit of pension under the General Insurance (Employees Pension) Scheme, 1995 (for short "1995 Scheme") from the date of his retirement from service on 1 st December 1993 with 12% interest. The respondent has filed reply and opposed the averments as well as prayers by making reference to the provisions then existing Scheme i.e. General Insurance (Termination, Superannuation and Retirement of Officers and Development Staff) Scheme, 1976 (for short "1976 Scheme").

(2.) Parties have also filed written submissions and relied upon judgements referred to by them. Admittedly, the petitioner was appointed as a clerk with the respondent on 13 th August 1960. He was ultimately promoted as Administrative Officer. He completed uninterruted service of 32 years. However, for the reasons so recorded, he tendered a resignation letter dated 1st October 2013, which reads as under: -

(3.) Respondents have, on 30th November 1993, accepted the resignation, with effect from 30th November 1993. The contents of the letter show that resignation was accepted and not accepted the case of the petitioner and not treated the same as "premature retirement", since, as per the 1976 scheme, no officer is permitted to seek voluntary retirement unless he completes 55 years of age. Admittedly, the petitioner had not attained age of 55 years on that date.