- (1.) HEARD l earned counsel for the petitioner and learned counsel for the respondents.
(2.) PETITIONER in this writ application has prayed for a direction upon the respondents to fix and pay him his pension from 30.03.2006 i.e. the date on which he had obtained his voluntary retirement from the respondent employer and further, to pay him the L.T.C./L.L.T.C. for the period specified in the writ application besides payment of the dues arising out of the wage revision under N.C.W.A. - VI to VII together with interest on the delayed payments. Learned counsel for the respondent B.C.C.L. submits at the outset that the payment of wages on the basis of the revised pay scales pursuant to the N.C.W.A. -VI to VII has been paid to the petitioner and no further amount on this account survives to be paid to the petitioner. As regards the claim for L.T.C. for the period mentioned in the writ application, the same was considered and except the payment relating to one period i.e. from 23.12.1995 to 31.12.1995, the payment for the remaining periods mentioned in the writ application has already been released and paid to the petitioner. The payment for the period which has not been made, is under the process of verification and shall be paid to the petitioner soon. As regards the claim for fixation of pension and payment of pension, learned counsel for the respondent employer submits that as it would appear from the counter affidavit of the respondent C.M.P.F., the petitioner was not a member of the pension scheme of 1971 and as such, he was required to submit his option for the pension scheme floated in 1998. The petitioner, having not submitted his option, cannot possibly claim any benefit of pension. Learned counsel informs that as per the subsequent notification issued by the Central Government, the date has been extended till 2010 for enabling the employees to submit their option and if the petitioner exercises his option, the same shall be considered subject to the Rules stipulated under the Pension Scheme.
(3.) THE counter affidavit of the respondent C.M.P.F. also affirms that the petitioner was not a member of the 1971 Pension Scheme.;