Veerendra Singh Siradhana, J. - (1.) THE petitioner, in the instant writ application, has approached this Court praying for writ, order or direction to declare the action of the respondents as null and void, in not releasing the pension of the petitioner and for a further direction for release of his pension with interest @ 18% per annum.
(2.) BRIEFLY , the indispensable essential material facts necessary for appreciation of the controversy needs to be first noticed. The petitioner was employed somewhere in the year 1969 with the Martin & Harris Services Private Limited at Kolkata and was later on transferred to New Delhi Branch of the Company (respondent No. 3). It is pleaded case of the petitioner that he was a member of the Provident Fund Scheme and his PF Account Number is DL/20516/15. He retired acquiring the age of superannuation of on 31st January, 2005. He has further pleaded that he also became the member of Pension Scheme, 1971 and 1995, after having completed of all the required formalities. After his retirement, he received a communication dated 5th August, 2005 from the office of Employees Provident Fund Organization, New Delhi (respondents No. 1, 2 & 4 herein), calling upon him and his employer to fulfill certain required conditions as per requirement of law. The communication sought clarification from his employer (respondent No. 3), for not including the petitioner as a member of the Pension Scheme. The petitioner, in response to the communication aforesaid, addressed a letter on 25th August, 2005, expressing his willingness for availing the benefits of Family Pension Scheme, 1971 (hereinafter referred to as the 'FPS, 1971, for short) and Monthly Pension Scheme, 1995. From the materials available on record, it is evident that an amount of Rs. 58,888/ - was also released in favour of the petitioner on account of Provident Fund. The petitioner, after repeated representations, claiming benefits of Pension Scheme, addressed a legal notice through his counsel on 1st November, 2007. The representations as well as the notice have not evoked any response and, therefore, has instituted the writ proceedings in the year 2008. In response to the notice of the writ application, the respondents (Provident Fund Commissioner), have filed its counter affidavit pleading that the petitioner never submitted his option for joining the Employees Family Pension Scheme, 1971 or Employees Pension Scheme, 1995. Since no application form either from the petitioner or from his employer, during the period of employment of the petitioner with M/s. Martin and Harris Services (P) Ltd. at Kolkata (WB), was ever received; therefore, the claim is liable to be dismissed on that count alone. Referring to the text of the paragraphs of the Family Pension Scheme, 1971, it is further pleaded that every employee, who was a member of the Employees Provident Act, 1952, immediately before the commencement of the scheme of 1971; was required to submit his option to join the Scheme, which came into force w.e.f. 1st March, 1971. The option was to be exercised in form -1 within a period of six months from 1st March, 1971. The petitioner, who was a member of the Employees Provident Fund since 1970, never opted to join the Family Pension Scheme, 1971. Furthermore, the petitioner applied for Withdrawal of the benefits under the Employees Pension Scheme 1995 by submitting form 10 -C. Moreover, the petitioner did not complete the period of ten years, as a member of the Employees Pension Scheme, 1995, therefore, he is not entitled to the benefits of the Scheme of 1995. In order to settle the claim of the petitioner under the Employees Pension Scheme, 1995 an amount of Rs. 22,445/ - was released in his favour in the month of November, 2006. That apart, an amount of Rs. 38,883/ - was released in favour of the petitioner for settlement on account of Employee Provident Fund settlement for the period w.e.f. 1st November, 1997 to 31st January, 2005. The petitioner, who joined the services of the respondent No. 3; his contribution was deducted and deposited under code No. WE/5166/1168, that was maintained by the Regional Provident Fund Commissioner, Kolkata (WB) for the period w.e.f. 1st November, 1970 to 31st October, 1997. The Family Pension Scheme, 1971 was optional for the members, who had joined the Employees Provident Fund Scheme prior to March, 1971. The petitioner having not opted to join the Family Pension Scheme 1971, no contribution was received from him. It is further pleaded that as a result of transfer of the Provident Fund amount from the office of Regional Provident Fund Commissioner, Kolkata (WB) to the Regional Provident Fund Commissioner, New Delhi, an amount of Rs. 2,17,954/ - (Rs. Two lac seventeen thousand nine hundred fifty four) with interest accrued thereon, has also been released to the petitioner in the month of September, 2006, as a full and final settlement under the Employees Provident Fund Settlement.
(3.) I have heard the learned for the parties and perused the materials available on record.;