Case Note & Summary
The petitioner, A. N. Radha, a retired employee aged 65, filed a writ petition seeking pensionary benefits and gratuity under the Pension Scheme and Death-cum-Retirement Gratuity Scheme formulated under the Government Resolution dated 20.02.1985. The respondents, State of Maharashtra and Director of Technical Education, denied the benefits on the ground that the petitioner had given an option to be governed by the Contributory Provident Fund Scheme. The petitioner argued that the reasons stated in the impugned order were contrary to the provisions of the Scheme itself. The respondent Nos. 1 and 2 could not explain how the impugned order reconciled with the Government Resolution. The Court, after hearing the parties, found that the Government Resolution dated 20.02.1985 itself permits employees who had opted for CPF to switch to the pension scheme. The Court allowed the petition, quashed the impugned order, and directed the respondents to grant pension and other retiral benefits to the petitioner in accordance with the Government Resolution dated 20.02.1985, within a period of three months.
Headnote
A) Service Law - Pension - Option to Switch - Government Resolution dated 20.02.1985 - The petitioner, a retired employee, had opted for the Contributory Provident Fund Scheme but sought pension under the Government Resolution dated 20.02.1985. The respondents denied pension on the ground of the earlier option. The Court held that the Government Resolution itself permits employees who had opted for CPF to switch to the pension scheme, and the impugned order was contrary to the provisions of the Scheme. (Paras 4-6)
Issue of Consideration
Whether the petitioner, who had opted for the Contributory Provident Fund Scheme, is entitled to pensionary benefits under the Government Resolution dated 20.02.1985.
Final Decision
The petition is allowed. The impugned order is quashed and set aside. The respondents are directed to grant pension and other retiral benefits to the petitioner in accordance with the Government Resolution dated 20.02.1985, within a period of three months.
Law Points
- Pension Scheme
- Contributory Provident Fund
- Option to switch
- Government Resolution 20.02.1985
- Retiral benefits
