Arun Mishra, J. - (1.) THESE intra -court appeals have been preferred against the order dt. 2.9.2004 passed by the learned Single Judge in S.B. Civil Writ Petition No. 2477/2000. The petitioner, as per Sec. 19 of Staff Regulation 1960, on attaining the age of 60 years was to be retired with effect from 30.6.1993, however, he was retried on 31.5.1993. Thus, he claimed salary for one month and other reliefs in accordance with the Staff Regulation of 1960. He has also prayed for refund of interest of 29 months of Rs. 15,812.98/ - deducted out of amount which was to be paid to him of Provident Fund Amount. Payment of commuted value of pension has been made in part and no interest has been paid on the delayed payment accrued thereupon.
(2.) MR . Murlidhar Gupta, petitioner was appointed as Assistant in the Life Insurance Corporation on 10.1.1958. He retired from service on 31.5.1993. Provident Fund Scheme was applicable at the time of retirement of the petitioner. On 28.6.1995, Government of India notified Life Insurance Corporation of India (Employees) Pension Rules, 1995 (hereinafter to be referred as 'Pension Rules, 1995) which came into effect from 1.11.1993. The employees who had been retired after 1.1.1986 were to be given benefit of Pension Scheme, 1995. Corporation was directed to deposit interest at the rate of Rs. 6% per annum on Provident Fund Amount which was paid upto 31.10.1993. Petitioner submitted that he had retired on 31.5.1993, interest on Provident Fund amount could not have been deducted for the period from 1.6.1993 to 30.10.1993 and the payment of interest on other retrial benefits has not been made for the period from 1.11.1993 to 15.1.1996 which he ought to have been paid. He is entitled for salary of the month of June, 1993. He submitted that the petitioner qualified fellowship examination in the year 1970 thus he was entitled for special allowance of Rs. 240/ - on basic pay and in pension, the Corporation added Rs. 100/ instead of Rs. 120/ -. Dearness allowance has not been paid at similar rate and there could not have been any discrimination in the rate of dearness allowance payable on pension on the basis of date of retirement. Earlier Writ Petition No. 2272/1999 was preferred which was disposed of with the direction to the petitioner to file representation. He filed representation which came to be rejected on 11.1.2000. Life Insurance Corporation denied the averments made and contended that the deduction made on the interest of Provident Fund Amount has rightly been made from 1.6.1993 to 31.10 -1993 and other facts were also denied.
(3.) LEARNED Single Judge has allowed the writ application holding that the petitioner is entitled for salary of the month of June, 1993 as he ought to have been retired on 30.6.1993. Interest which has been realized on contributory provident fund with effect from 1.6.1993 to 31.10.1993 of Rs. 2726.35/ - has been ordered to be refunded. In pension, instead of Rs. 100/ - technical allowance Rs. 120/ - be added. A direction has also been issued to revise the pension and to give the benefits of revision of pension. Petitioner was also held entitled to get 6% per annum interest on all the retrial dues with effect from 1.11.1993 till the date of realization. Aggrieved against the impugned order, the Life Insurance Corporation has filed Special Appeal (Writ) No. 421/2004 whereas petitioner Murlidhar Gupta has also filed Special Appeal (Writ) No. 389/2005.;