Case Note & Summary
The petitioner, Sadanand Puthran, aged 73, filed a writ petition seeking pension under the General Insurance (Employees Pension) Scheme, 1995, from the date of his retirement on 1 December 1993, with 12% interest. He was appointed as a clerk with the respondent, United India Insurance Co. Ltd., on 13 August 1960 and later promoted to Administrative Officer, completing 32 years of service. However, he tendered a resignation letter dated 1 October 1993, requesting it to be treated as premature retirement to claim future benefits. The respondent accepted the resignation on 30 November 1993, effective from 30 November 1993, but did not treat it as premature retirement because, under the General Insurance (Termination, Superannuation and Retirement of Officers and Development Staff) Scheme, 1976, an officer could not seek voluntary retirement unless he completed 55 years of age. The petitioner had not attained 55 years on that date. The 1995 Scheme came into force from 1 November 1993, though notified on 28 June 1995. The petitioner argued that he should be entitled to pension under the 1995 Scheme. The respondent opposed, relying on the 1976 Scheme. The court held that the resignation was accepted as resignation, not as premature retirement, and the 1995 Scheme cannot be applied retrospectively to cover the petitioner who had already resigned. The petition was dismissed.
Headnote
A) Service Law - Pension - Resignation vs Voluntary Retirement - General Insurance (Employees Pension) Scheme, 1995 - The petitioner resigned before attaining 55 years of age, and his resignation was accepted as such, not as premature retirement under the 1976 Scheme. The 1995 Scheme, which came into effect after his resignation, cannot be applied retrospectively to grant him pension. Held that the petitioner is not entitled to pension under the 1995 Scheme. (Paras 1-4)
Issue of Consideration
Whether the petitioner, who resigned before attaining the age of 55 years, is entitled to pension under the General Insurance (Employees Pension) Scheme, 1995, which came into effect after his resignation.
Final Decision
The petition is dismissed. The petitioner is not entitled to pension under the General Insurance (Employees Pension) Scheme, 1995.
Law Points
- Resignation and voluntary retirement are distinct
- Pension scheme cannot be applied retrospectively
- Age requirement for voluntary retirement under 1976 Scheme
