JYOTINDRA HARIPRASAD MEHTA Vs. AMTS

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner has made following prayer in paragraph 14(A) & (B):

(2.) IT is the case of the petitioner that the petitioner was serving as Senior Clerk with respondent. His services were terminated. In reference made by the appropriate Government by order dated 15.12.1978 before the labour court, Ahmedabad, the Labour Court ordered to reinstate the petitioner by award dated 20.7.1995 with 50% back wages and continuity of service.

(3.) IT is the case of the petitioner that pending reference before the labour court, the petitioner retired on 30.6.1989. But, for pension benefit, exercise of option by the petitioner soon after his retirement was out of place. The petitioner has averred that it was only after the labour court passed award on 20.7.1995, the petitioner had legally become entitled and competent to move the respondent for getting pension benefits. Therefore, by notice dated 29.3.1996, the petitioner had expressed his desire to opt for pension and requested the respondent to do needful so as to enable the petitioner to opt for pension benefits from the date of his retirement. However, since nothing was heard from the respondents, the petitioner again wrote letter dated 10.2.1998 to the respondent to furnish necessary and requisite form to the petitioner so as to enable to get his pension benefits under the pension scheme. After waiting for long time, the petitioner has ultimately come to this court.