GYANENDRA SINGH Vs. THE CHAIRMAN

JUDGEMENT

(1.) WE have heard Shri Gyanendra Singh, petitioner, appearing in person. Shri P.N. Mathur, OIC, appears for the Central Employees Provident Fund Organization.

(2.) BY this writ petition, the petitioner has prayed for a direction to the respondents to declare the petitioner eligible for grant of monthly pension under the Employees' Pension Scheme, 1995 (in short, 'the EPS, 1995'). He has also prayed for a direction to declare Rule 12(1)(a) of the EPS, 1995, which refers to the retiral age to be 58 years, as illegal and arbitrary.

(3.) THE petitioner, appearing in person, submits that in order to be eligible for grant of pension under the EPS, 1995, for a person who is the member of Employees Provident Fund under the Employees' Provident Funds And Miscellaneous Provisions Act, 1952 (in short, the Act'), the condition of completion of 10 years of service or more, is sufficient. The second condition of attaining the age of 58 years should not be necessary, if an employee has completed 58 years before attaining the age of superannuation, or may have retired on attaining the age of superannuation after 58 years, if the organization in which he is serving, has provided the age of superannuation beyond 58 years.