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(1) The petitioner has prayed for the following reliefs :

(A)allow this writ petition of the petitioner with cost;
(B)issue appropriate order or orders, direction or directions-
(I)declaring the letter dated 4th July, 1991 from Apeda (Ann.P.1) as illegal and void in law;
(II)setting aside the letter dated 4th July, 1991 being illegal and void in law;
(III)declaring the petitioner to be entitled to continue to draw pension for the months from June, 1991 onwards;
(IV)directing the respondents to continue to pay pension to the petitioner from June, 1991 onwards;
(V)directing the respondents to pay arrears of pension to the petitioner from June, 1991 onwards with 18 percent interest thereon;
(VI)directing that if the Pension Scheme is not considered to be applicable to the Apeda, the petitioner may in any case be given relief by paying his pension for the period from August, 1956 to November, 1970 when his service was under the Central Government and for the period from November, 1970 to March, 1988 when he served under the Council/APEDA, he may be paid the Contributory Provident Fund amount due to him and the pension and the commuted value of pension already paid to him may not be recovered from him."

(5) The letter dated 4.7.1991, which is impugned, reads as under ; "As you are aware that the introduction of Cpf Cum Pension Scheme in Apeda has been pending with Government for approval. We have now received reply from Ministry of Commerce vide their letter No. 11/1/89- EP(AGRi.IV) dated 25th June, 1991, wherein they have turned down our request for Cpf cum Pension Scheme for Apeda employees. Ministry have also stated that Apeda Rules, 1986 have been framed under the power conferred by Section 32 of Apeda Act, 1985 which empowers the Authority to frame rules with regard to the option to be given to the employees of erstwhile Council to become officer/employees of Apeda and not for framing any Pension Scheme or offering Cpf cum Pension Scheme to the erstwhile Council employees. More so, when they were, while in the Council, governed by Cpf Rules and not Cpf cum Pension Scheme. Therefore, that part of the Rules and Form Iii under the Rules which offers Cpf cum Pension Scheme seems to be ultra vires of the power conferred by the Apeda Act. Department of Personnel and Training to whom the matter was referred by the Ministry of Commerce have stated that the approval of that Department was not taken for the introduction of Pension Scheme in APEDA. We have been directed to take corrective action if some wrong action has already been taken. In view of the above facts, we are constrained to withhold your pension with immediate effect. You are also requested to refund the amount of pension wrongly paid. In the meantime, we are again taking up the case with Ministry of Commerce for reconsidering the entire issue regarding grant of pension cum Cpf scheme on humanitarian grounds. The final disposal will be communicated to you as and when Government decision is received."

Form No. 1II reads as under : Form Iii (See rule 14) Form of option to be exercised by the officer and other employees of the Processed Foods Export Promotion Council. I............(Name of the officer or other employee) hitherto functioning as......(Designation) in the Proposed Food Exports Promotion Council, New Delhi, hereby indicate my willingness/unwillingness to become an officer/ employee of the APEDA. 2. I elect/do not elect to be governed by the pension-cum gratuity scheme of the Authority. Signature of the officer/employee of PFEPC. Place: Date: NOTE.-Strike out whichever is not Applicable.