1. - Instant intra court appeal has been preferred by the Oriental Insurance Company Ltd. (Insurance Company) assailing the judgment dated 9.2.2009 passed by the Ld. Single Judge in SBCWP-3679/2004.

2. The moot question for our consideration involved in the instant appeal is whether the respondent-employee of the appellant insurance company is eligible to claim pensionary benefits under the General Insurance Employees Pension Scheme, 1995 (Pension Scheme 1995).

3. The undisputed facts which culled out from the record are that the respondent employee initially joined service in the insurance company on 2.9.1972 and served in various capacity and took voluntary retirement from service on 27.2.2004 after seeking due permission of the competent authority and the respondent employee has not received the retiral dues of Contributory Provident Fund (CPF) so far.

4. That the Pension Scheme 1995 came to be notified on 28.6.1995 by the Central Govt, in exercise of power conferred u/S. Section 17-A of the General Insurance Business (Nationalization) Act, 1972 (Act, 1972), the respondent employee has exercised its option in writing within the stipulated period to become a member of the P