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1995 Supreme(SC) 71

R.M.SAHAI, N.P.SINGH
R. Subramaniam – Appellant
Versus
Chief Personnel Officer Central Railways Ministry Of Railways – Respondent


ORDER

By this petition the petitioner who was a Railway employee and who retired in the year 1971 but did not opt for Pension Scheme as introduced by the Railway Board by its letter dated 16th November 1957, rather opted for the Provident Fund System seeks direction to the opposite party to grant him same benefit as was granted to others by the Central Administrative Tribunal, Bombay by its order dated 11th November 1987. The relevant portion of the order passed by the Tribunal is extracted below :

"The respondents are directed to implement the directions given in clauses (i) to (iv) of this order in respect of all the Railway Employees who were similarly placed like the applicants i.e., those who retired during the period from 1-4-1969 to 14-7-1972 and who had indicated their option in favour of pension scheme either at any time while in service or after their retirement and who now desire to opt for the pension scheme".

It is not disputed that the S.L.P. filed by the Union against the Order has been dismissed by this Court and the Review Petition was also dismissed on 6th May 1991. The Union, in our opinion, cannot successfully resist the claim of the petitioner when the Tribunal h




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