Sabina, J. - (1.) PETITIONER has filed this petition seeking a direction to the respondents to grant him pension with effect from 23.10.2008 instead of 23.10.2010. Further, petitioner has prayed that he be granted interest on account of delay in payment of pension.
(2.) CASE of the petitioner, in brief, is that he joined the services of the respondent -insurance company on 14.12.1985. Petitioner requested the respondent -insurance company to voluntary retire him from service on or before 22.10.2008 to enable him to join Universal Sompo General Insurance Company Limited. In pursuance to the request made by the petitioner, he was voluntarily retired by the respondent -insurance company. Petitioner was, however, not released his retiral benefits. Immediately on retirement, petitioner received his gratuity on 13.2.2009. Petitioner received the amount of GSLI on 21.5.2009. Petitioner was released the benefit of leave encashment on 10.11.2009. However, petitioner was not released his pension. Ultimately, petitioner was released his pension on 4.1.2011. Petitioner was released gratuity on account of revision of pay scale on 5.5.2011. Petitioner was also released commutation of pension on account of revision of pay scale on 5.5.2011. Although, petitioner was entitled to receive his pension with effect from 23.10.2008, however, he was released his pension with effect from 23.10.2010. Hence, the present petition by the petitioner. Learned counsel for the petitioner has submitted that petitioner had not been released his pension for two years after his voluntary retirement on the ground that he had failed to seek requisite permission from the respondent -insurance company to join new employer. The said action of the respondent -insurance company was illegal as the petitioner had sought permission from the respondent -insurance company vide Annexure P -1 when he had requested for voluntary retirement. Petitioner was never informed that he was required to fill up a particular form while seeking permission from the respondent insurance company to join the new employer immediately after his voluntary retirement. As per para 49(4) of the General Insurance (Employees) Pension Scheme, 1995 (for short 'pension scheme'), in case the respondent -insurance company failed to refuse the grant of permission sought by the petitioner within a period of 60 days, then it can be presumed that the permission had been granted by the company to the petitioner to join the new employer.
(3.) LEARNED counsel for the respondents, on the other hand, has opposed the petition and has submitted that petitioner had failed to fill in the necessary form for permission to accept commercial employment (Annexure R -1). Therefore, petitioner was not entitled to receive pension for the period claimed by him.;