Sunil Ambwani, J. - (1.) WE have heard Shri Gyanendra Singh, petitioner, appearing in person. Shri P.N. Mathur, OIC, appears for the Central Employees Provident Fund Organization.
(2.) BY this writ petition, the petitioner has prayed for a direction to the respondents to declare the petitioner eligible for grant of monthly pension under the Employees' Pension Scheme, 1995 (in short, 'the EPS, 1995'). He has also prayed for a direction to declare Rule 12(1)(a) of the EPS, 1995, which refers to the retiral age to be 58 years, as illegal and arbitrary. The petitioner retired from military service in the year 1981. He was appointed as Officer in Jaipur Nagaur Aanchalik Gramin Bank, now named as Marudhara Gramin Bank on 28.01.1991. The retirement age of the Officers in the bank is 60 years. The petitioner retired on superannuation on 31.01.2002, after completing the age of 60 years. On that date, he had completed 11 years of service in Jaipur Thar Aanchalik Gramin Bank. On his retirement, the petitioner applied to the Commissioner, Central Employees Provident Fund Organization, which also regulates the pension payable under the EPS, 1995, and entitlement to the member's monthly pension under the Scheme. He received a letter dated 17.08.2005 from the Assistant Provident Fund Commissioner (Pension) that for entitlement to pension under the EPS, 1995, the petitioner was required to serve for 10 years as eligible service with the age of retirement as 58 years. Since the petitioner had not completed 10 years of qualifying service on the date when he attained the age of 58 years, he was not entitled to pension under the EPS, 1995. The petitioner submitted representations beginning from 06.02.2002 to 30.11.2008, and the last one on 20.04.2009, and thereafter filed this writ petition for declaring the condition of retirement at the age of 58 years, as against the actual retirement age, under Rule 12(1)(a) of the EPS, 1995, as illegal, arbitrary and unreasonable.
(3.) THE petitioner, appearing in person, submits that in order to be eligible for grant of pension under the EPS, 1995, for a person who is the member of Employees Provident Fund under the Employees' Provident Funds And Miscellaneous Provisions Act, 1952 (in short, the Act'), the condition of completion of 10 years of service or more, is sufficient. The second condition of attaining the age of 58 years should not be necessary, if an employee has completed 58 years before attaining the age of superannuation, or may have retired on attaining the age of superannuation after 58 years, if the organization in which he is serving, has provided the age of superannuation beyond 58 years.;