- (1.) The petitioner has filed this civil writ petition for quashing the impugned memo No.CH99/EBG 2385 dated 03.05.2013 (Annexure P-5) and further seeking direction to the respondents to release the unpaid cash medical allowance from the date of his retirement i.e. 31.10.2003 to 15.12.2011 along with interest.
(2.) The petitioner was working with the respondentHVPN and he was retired from the service on 31.10.2003 after rendering satisfactory service as Executive Engineer. The grievance of the petitioner is that he has filed number of representations for grant of benefit of switching of from EPF to GPF and pension scheme and when the final decision was not taken by the respondent-HVPN, then he was forced to file CWP No.11209 of 2009, before this Court.
(3.) In CWP No.11209 of 2009, the Co-ordinate Bench of this Court has allowed the writ petition with direction to the respondents to extend the benefit of switching of from EPF to GPF and pension scheme to the petitioner. The aforesaid writ petition was allowed on 15.12.2011 (Annexure P-1). A perusal of the order (Annexure P-1) shows that the petitioner had joined services in the year 1968 when there was no provision for either of the schemes and EPF scheme had been introduced in the year 1978. The scheme of GPF as well as pension was introduced in the year 1984. The petitioner was required to exercise his option and inform the establishment within a particular time. In the absence of exercising any option the petitioner's claim for switching over from EPF to GPF was being accepted by the respondents. The said writ petition was allowed vide Annexure P-1, by giving directions that the benefit of contributions that he was bound to make from the time when the scheme was in operation shall be calculated and the said amount shall at the option of the respondents be adjusted against the petitioner's entitlement and necessary benefit under the GPF scheme be extended to him.;