ORDER

This petition is filed being aggrieved of the action of respondent - LIC in not paying the petitioner a defined benefit of pension though the Warehousing Corporation, employer of the petitioners, had taken a policy with the LIC under "defined benefit scheme".

2. Petitioners' contention is that they had obtained voluntary retirement for petitioners No.1, 2 and 3 w.e.f.31/3/2002 and for petitioner No.4 w.e.f. 15/6/2002 prior to their normal age of superannuation, therefore, there being a deeming clause of purchase of annuity on the date of superannuation and once annuity was deemed to have been purchased on the premature date of superannuation, then LIC was obliged to pay the pension under the defined benefit scheme as has been held by Hon'ble Supreme Court in the case of Air India Employees Self-contributory Superannuation Pension Scheme Vs. Kuriakose V. Cherian and others, (2005) 8 SCC 404.

3. It is also submitted that petitioners' pension scheme cannot be changed unilaterally and in support of this contention reliance is placed on the decision of Hon'ble Supreme Court in the case of Sasadhar Chakravarty and another Vs. Union of India and others, (1996) 11 SCC