NAGENDRA RAI,S.K.CHATTOPADHYAYA - (1.)With the consent of the parties, this application is being disposed of at the stage of admission itself.
(2.)The petitioner has, field the present writ application challenging certain provisions of the Employees' Pension Scheme, 1995.
(3.)In order to appreciate the rival contentions raised by the parties it is necessary to state briefly the facts of the case. The petitioner was an employee of Heavy Engineering Corporation and superannuated on 1.2.1992. At the time of his retirement the Family Pension Scheme, 1971 framed under the provisions of Section 6A of the Employees Provident Fund (Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act) was applicable. On 16th November, 1995 the Government framed the Employees Pension Scheme, 1995. The 1971 Scheme ceased to operate with effect from 16th November, 1995 in view of Paragraph 44 of the 1995, Scheme. According the sub-para 2 (a) of Paragraph 1 this scheme came into force on the 16th day of November, 1995. Paragraph 2 (b) provides that subject to the provisions of this scheme the employees have an option to become the members of the Scheme with effect from the 1st April, 1993. Para 7 gives option to certain classes of employees to join the Scheme. This option has been given to those employees only who were out of employment on or after 1st April, 1993. Sub-para 2 (b) of para 1 and para 7 are quoted hereinbelow:
1. Short title, commencement and application.--(1) This scheme may be called the Employees' Pension Scheme, 1995. 2 (b). Subject to the provisions of this scheme the employees have an option to become the members of the scheme with effect from the 1st April, 1993. 7. Option for joining the scheme.--(j) Every employee who is a member of the Employees' Provident Fund or of Provident Funds of factories and other establishments exempted under Section 17 of the Act and/or Paragraph 27-27-A of the Employees' Provident Fund Scheme, 1952 but is not a member of the Family Pension Fund immediately before the commencement of this Scheme, shall have the option to join this scheme. (2) Employees referred to in sub-paragraph (1) and the members of the Family Pension Scheme, 1971, who were out of employment on or after the 1st April, 1993 may also exercise the option to become members of this scheme. (3) The option referred to in sub-paragraphs (1) and (2) shall be exercised within a period of six months from the 16th day of November, 1995.