PATHERYA, J. - (1.) By this writ-petition, the petitioner seeks to quash the Memo. dated 20th January, 2011 and Pension Payment Order dated 20th January, 2011.
(2.) The case of the petitioner is that he worked as a primary school teacher and by mistake exercised his option for contributory provident fund cum gratuity. He retired on 30th September, 2009 but did not withdraw the contributory provident fund as he decided to opt for the Pension-cum Gratuity Scheme. After his retirement, a Pension Payment Order was issued and on the basis thereof, sums under the Pension Scheme have been received by him. Therefore, the authorities have accepted the applicability of the Pension Scheme to the petitioner and the communication dated 20th January, 211, in the light of the aforesaid, so also the Payment Order dated 20th January, 2011 are unjustified and liable to be set aside.
(3.) As the aforesaid documents are invalid, the communication dated 27th January, 2011, cannot be sustained and be accordingly set aside.;