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2010 Supreme(Del) 394

S.MURALIDHAR
SUNITA DEVI – Appellant
Versus
LIFE INSURANCE CORPORATION OF INDIA – Respondent


Advocates appeared:
For the Petitioner:Mr. V.N. Jha, Advocate.
For the LIC. :Mr. 5. Kamal Mehta, Advocate
For the Respondent No.2:Ms. Ratna Dhingra and Ms. Shreya Sharma. Advocates.

ORDER

WP. (C) No. 3774 of200S & CM No. 7265 of 2008

1. The husband of the Petitioner was an employee of the Indian Airlines and was working there as an Assistant Manager (S&P) till the date of his retirement on 31st July, 1995. In the year 1994, Indian Airlines proposed the creation of a pension scheme for its employees known as Indian Airlines Employees Self Contributory Superannuation Pension Scheme ("Scheme"). Under the Scheme it was proposed that all full-time employees who become members of the scheme would contribute a percentage of their salary to be deducted every month and credited to the fund under the Scheme. Each member had to contribute for a certain period and for those who did not have sufficient number of years of service left for the superannuation, an amount was calculated based on the total number of years in deficit. The member was required to make payment of the entire sum so calculated either in lump sum or pay the said amount in monthly in-stalments along with interest on the total sum due.

2. A Deed of Trust was entered into between the Indian Airlines and the Trustees of the Scheme (Respondent No.2 herein). The Deed of Trust contained Rules which stipulated t


















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