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1998 Supreme(Kar) 319

G.C.BHARUKA
B. SHESHA YADAVA – Appellant
Versus
ORIENTAL INSURANCE COMPANY LIMITED, NEWDELHI – Respondent


Advocates:
SARATCHANDRA BIJAI

G. C. BHARUKA, J.

( 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 respondent 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







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