Karnataka High Court
B. Shesha Yadava vs The Oriental Insurance Company ... on 15 June, 1998
Equivalent citations: [1999(81)FLR572], 1998(6)KARLJ146
ORDER
1. Heard Mr. Saratchandra Bijai, learned Counsel for the petitioner.
2. The present writ petition is directed against the communication dated 18-2-1995 (Annexure-D) issued by the 2nd respondent and communication dated 11-1-1996 (Annexure-F) issued by the 3rd respondent, rejecting the claim of the petitioner for pensionary benefits.
3. It appears that the petitioner was an employee of the 1st respon-dent-The Oriental Insurance Company Limited working as a record clerk. Because of his ill-health, he submitted an application dated 3-10-1994 for resignation and the same was accepted under communication dated 22-12-1994 (Annexure-B). In the meantime, respondent-Company framed a scheme for pension namely General Insurance (Employees) Pension Scheme, 1995 making it to take effect retrospectively from 1-11-1993. Keeping in view the provisions of the scheme, the petitioner made an application for grant of pension but the same was refused by the respondent under letter dated 11-1-1996 (Annexure-F) stating therein that as per Para (22) of Chapter IV of the Scheme, since he has resigned from service, he is not entitled to the benefits thereof.
4. It will be proper here to quote Para (22) of the Chapter IV of the Scheme, which reads thus.
CHAPTER IV Qualifying Service (22) Forfeiture of service.-
Resignation or dismissal or removal or termination or compulsory retirement of an employee from the service of the Corporation or a Company shall entail forfeiture of his entire past service and consequently shall not qualify for pensionary benefits.
5. Therefore, in the present case, it is not in dispute that the petitioner has voluntarily resigned from service and as such Para (22) of Chapter IV of the Scheme disentitle him of the pensionary benefits envisaged therein.
6. Learned Counsel appearing for the petitioner has invited my attention to the provisions of Paras (30), (31) and (32) of the Scheme which provides for Pension on voluntary retirement, Invalid pension and Compassionate allowance, the material contents whereof read thus.-
CHAPTER V Classes of Pension (29) xxx xxx xxx. (30) Pension on voluntary retirement.-
(1) At any time after an employee has completed twenty years of qualifying service, he may, by giving notice of not less than ninety days, in writing to the appointing authority, retire from service:
Provided that this sub-paragraph shall not apply to an employee who is on deputation unless after having been transferred or having returned to India he has resumed charge of the post in India and has served for a period of not less than one year:
Provided further that this sub-paragraph shall not apply to an employee who seeks retirement from service for being absorbed permanently in an autonomous body or a public sector undertaking to which he is on deputation at the time of seeking voluntary retirement.
(2) The notice of voluntary retirement given under sub-paragraph (1) shall require acceptance by the appointing authority:
Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.
(3)(a) An employee referred to in sub-paragraph (1) may make a request in writing to the appointing authority to accept notice of voluntary retirement of less than ninety days giving reasons therefor;
(b) On receipt of request under clause (a), the appointing authority may, subject to the provisions of sub-paragraph (2), consider such request for the curtailment of the period of notice of ninety days on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of ninety days on the condition that the employee shall not apply for commutation of a part of his pension before the expiry of the notice of ninety days.
(4) An employee who has elected to retire under this paragraph and has given necessary notice to that effect to the appointing authority shall be precluded from withdrawing his notice except with the specific approval of such authority:
Provided that the request for such withdrawal shall be made before the intended date of his retirement.
(5) The qualifying service of an employee retiring voluntarily under this paragraph shall be increased by a period not exceeding five years, subject to the condition that the total qualifying service rendered by such employee shall not in any case exceed thirty three years and it does not take him beyond the date of retirement.
(6) The pension of an employee retiring under this paragraph shall be based on the average emoluments as defined under clause (d) of Para 2 of this Scheme and the increase, not exceeding five years in his qualifying service, shall not entitle him to any notional fixation of pay for the purpose of calculating his pension;
Explanation.-- For the purpose of this paragraph, the appointing authority shall be the appointing authority specified in Appendix-I to this scheme.
(31) Invalid pension:--
(1) Invalid pension may be granted to an employee who.-
(a) has rendered minimum ten years of services; and
(b) retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service.
(2) An employee applying for an invalid pension shall submit a medical certificate of incapacity from a medical officer approved by the Corporation or a Company as the case may be:
(32) Compassionate allowance.-
(1) An employee who is dismissed or removed or compulsorily retired or terminated from service shall forfeit his pension:
Provided that the authority competent to dismiss or remove or compulsorily retire or terminate him from service may, if-
(i) such dismissal, removal, compulsory retirement or termination is on or after the 1st day of November, 1993; and
(ii) the case is deserving a special consideration, sanction a compassionate allowance not exceeding two-thirds of pension which would have been admissible to him on the basis of qualifying service rendered upto the date of his dismissal, removal, compulsory retirement or termination.
(2) The compassionate allowance sanctioned under the proviso to sub-paragraph (1) shall not be less than the amount of minimum pension payable under paragraph 35 of this scheme.
7. Bare reading of the aforesaid paragraphs, it is crystal clear that none of the paragraphs is applicable to the case of the petitioner inasmuch as the petitioner neither has taken voluntary retirement as per Para (30) nor retired from service on account of any bodily or mental infirmity nor he has been dismissed or removed or compulsorily retired or terminated from service to take the benefits of the scheme.
8. In that view of the matter, I do not find any infirmity in the communication at Annexure-F. The writ petition is dismissed.