- (1.)The petitioner prays for the issue of a writ of declaration that the cut off date of 1.11.93 prescribed in the proviso to Rule 33 of The Life Insurance Corporation of India (Employees) Pension Rules, 1995, read with order dated 27.11.95 issued by the 3rd respondent are illegal and unconstitutional and, consequently, direct the respondents to grant regular pension or compassionate allowance under the said Rules, from the date fixed by the rules with all arrears and attendant benefits, including interest thereon, award cost and render justice. I. PETITIONER'S CASE :
(2.)The petitioner joined the Life Insurance Corporation of India as Development Officer in the year 1962. On 22.4.1976, LIC issued Life Insurance Corporation of India (Staff Amendment) Regulations, 1976. In terms of Regulation 5, if a Development Officer failed to bring in eligible premium equal to five times his annual remuneration in three consecutive preceding years, the appointing authority may terminate his services. Such termination is not a penalty in terms of Rule 39 of the Staff Regulations. There has been demands and negotiations from time to time for amendment of Staff Regulations and provision of pension benefits. The petitioner, whose services were terminated by an order dated 28.11.1989 with effect from 6.3.90 after completion of 27 years of service, when he had just 21 months to reach the normal duty of retirement.
(3.)The LIC of India (Employees) Pension Rules, 1995, were framed. Rule 3 applies to employees, who are in service of the Corporation on or after 1.1.1986, but retired before 1.11.93 and also to those who joined the services and retired after 1.11.93. Rule 14 prescribes the minimum years of service to qualify for pension. Rule 23 provides forfeiture of pension in case of resignation / dismissal / removal / termination / compulsory retirement. Rule 30 provides for regular superannuation pension. Rule 31 provides for pension on voluntary retirement on completion of 20 years of service. Rule 33 provides for payment of compassionate allowance not exceeding 2/3-rd normal pension in case of dismissal/removal/compulsory retirement or termination, if the competent authority finds that the case deserve special consideration. Rule 31 is applicable to case of dismissal, etc., if effected after 1.11.93.