JUDGMENT :

Vrushali V. Joshi, J.

1. Heard.

2. Rule. Rule made returnable forthwith and heard finally with the consent of the learned Counsel for the parties.

3. The petitioner is aggrieved by withholding of his retirement benefits pursuant to his superannuation on 31.03.2020. By communication dated 20.03.2020, the petitioner was informed that in view of (Department of Personnel and Training) DOPT Circular dated 08.04.2019 his retirement benefits were being withheld. Being aggrieved the petitioner by this writ petition seeks release of retirement and other benefits.

4. The petitioner was appointed as Development Officer on 20.05.1987 in S.T. Category and was promoted from time to time and got retired as a Manager on 31.03.2020. Just before retirement the petitioner was communicated vide letter 20.03.2020 which was received on 15.10.2020. In receipt of DOPT Circular No.3601/12/2013 dated 08.04.2019 giving reference of the Hon’ble Supreme Court Judgment dated 11.10.2018 in Civil Appeal No.10396/2018 arising out of S.L.P. No.13011/2018 Gajanan Marotrao Nimje and Others Vs. RBI and Others, wherein it is mentioned that the appellants (who are from Halba Koshti/Halba Communities) shall be placed below the list of general category candidates as on 28.11.2000 and will continue as such till their superannuation. All the benefits which the appellants earned as reserved category candidates after 28.11.2000 will be surrendered/recovered. It was further communicated to the petitioner that the Head Quarter is re-working on the promotion given to him as per above judgment and at this stage, they will be releasing his own contributions of Provident Fund.

5. Thereafter, again he was informed that the Office Memorandum dated 08.04.2019 which was relied on by the respondents for withholding the retiral benefit and regular pension of the petitioner is withdrawn by respondent No.1. The petitioner moved complaint to the Director Department of Pension and pensioners welfare (DOP & PW) (Nodal Department for Pensioners Welfare), however till the date of filing of petition he has not received any reply.

6. Though the petitioner got retired from his services on 31.03.2020, all his pensionary benefits like Gratuity, Leave Encashment etc. have been withheld by the respondents illegally. Hence, he has filed this petition.

7. The learned Counsel for the petitioner has stated that the retired/superannuated employees of the New India Assurance Company Limited are governed by General Insurance (Employees) Pensions Rules Scheme 1995 and this Pension Scheme is applicable to the petitioner. Rule 3(a) read with Rule 29 of General Insurance (Employees) Pension Scheme 1995 is applicable for the purpose of settlement of retiral dues and also regular monthly pension. The Rule 55 of the said Scheme provides that the matters relating to pension and other benefits in respect of which no express provision has been made shall be governed by corresponding provisions of Central Civil Service (Pension) Rules 1972. As per the aforesaid provision and relevant provisions of law the petitioner is entitled for all pensionary benefits and emoluments contained in Scheme available to him.

8. The petitioner is entitled for superannuation pension. However the respondent for no bonafide and legal reason is giving the provisional pension though he is entitled for regular pension. He has quoted Rule 45 of the Pension Scheme and stated that provisional pension can be paid only in the event of there being departmental or judicial proceedings pending against the employee on the date of his retirement. However, there was no departmental enquiry or judicial proceedings against the petitioner at the time of his retirement. It is contended by the learned Counsel for the petitioner that the pension payable after superannuation is not at the whims and fancies of the respondents. It is his right and it does not depend upon the discretion of the respondents, but it is governed by the Rules and the employee co