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2000 Supreme(SC) 853

S.N.PHUKAN, V.N.KHARE
Narayan Singh Solanki – Appellant
Versus
Union Of India – Respondent


ORDER

The Appellant herein was appointed as a Clerk in the erstwhile Jodhpur State Railways on 11.4.1950. On the re-organisation of Railways in the year 1952 the Appellant was transferred to Office of Personnel Branch under the Divisional Superintendent, Jodhpur. On 31st July, 1963 the Appellant resigned from service opting to take Provident Fund under the State Railways Provident Fund. The amount of provident fund was offered to the Appellant which was accepted by him and also other benefits to which he was entitled were also given.

2. In the year 1991 the Appellant alleged to have made representation to the Railways requesting to change his option for Provident Fund to the Pension Scheme. Subsequently, the Petitioner, in the year 1992 filed an O.A. before the Central Administrative Tribunal praying therein that the Appellant s resignation in the year 1963 has to be treated as Voluntary Retirement and since he has put in more than 10 years of service, he is entitled to pension under the Pension Scheme and, therefore, his option which exercised in the year 1963 be cancelled. The Tribunal was of the view that the Appellant having not put in 20 years of qualifying service was not enti



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