SHRI INDRA DEO MISHRA SON OF LATE GANGA PRASAD MISHRA Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF LABOUR, GOVT.OF INDIA, NEW DELHI

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the Union of India and Mr. Sarvadeo Singh, learned counsel representing the Provident Fund Organisation.

(2.) The petitioner was appointed as a Fitter helper in the Bihar State Sugar Corporation Ltd. Sakari, Madhubani and superannuated from service with effect from 7.6.2002. The petitioner had exercised his option under the Family Pension Scheme, 1971 and was covered under the provisions of the subsequent Employees Pension Scheme 1995, (hereinafter referred to as the '1995 Scheme'). The stipulations of the 1995 Scheme provided that such of the persons who had exercised the option under the 1971 scheme automatically would stand covered under the provisions of the 1995 scheme. It is indisputed that the petitioner was originally under the 1971 scheme and got covered under the subsequent 1995 Scheme with effect from 6.11.1995. On superannuation of the petitioner the respondent authorities of the Employees Provident Fund, calculated his pension upon interpretation of the clauses of paragraph 12 of the 1995 Scheme and fixed his pension at Rs. 325/- per month with effect from 7.6.2002, the date of retirement. The petitioner complains that in terms of the various clauses of paragraph 12 of the 1995 Scheme, he was entitled to a minimum pension of Rs. 600/- per month.

(3.) Learned counsel for the petitioner in support of his contention relies upon the following Bench decision of this Court namely, Ram Saran Bharti V/s. Food Corporation of India, 2002 1 PLJR 732Nanda Ram V/s. Regional Provident Fund Commissioner and Others, 2003 2 PLJR 6and Mukta Verma V/s. Union of India., 2004 4 PLJR 813