RANJIT KAUR Vs. CHAIRMAN LIC AND OTHERS

JUDGEMENT

(1.) Petitioner's husband Gursewak Singh (since deceased) joined the services of the respondents and was eventually promoted as Development Officer.

(2.) Petitioner's claim is that her husband was compulsorily retired on medical grounds on 16.9.1986 after rendering services for about 26 years. He was paid gratuity only because Pension Scheme was not introduced till then. However, the respondents introduced Pension Scheme dated 28.6.1995 with retrospective effect from 1.1.1986. Petitioner's husband allegedly came to know of the Pension Scheme in the year 2000 and accordingly applied for service pension and offered to refund the gratuity as per Pension Scheme. Aforesaid request of petitioner's husband was declined on 15.3.2000 only on the ground that it was time barred. Petitioner's husband died on 17.6.2000. Petitioner sent legal notice dated 19.9.2000 claiming arrears of pension till the death of her husband and also claiming family pension thereafter.

(3.) In earlier CWP No. 6685 of 2003 filed by the petitioner, respondent No. 2 was directed to consider the petitioner's legal notice and to pass a speaking order. Respondent No. 2 sent letter dated 4.7.2003 Annexure P-9 intimating allegedly a new stand that the services of petitioner's husband had been terminated and thus he was not entitled to pension. It was also stated in the letter that option furnished by petitioner's husband was barred by time. Petitioner's claim is that the services of her husband were not terminated and that he was compulsorily retired from service on medical ground.