Aggrieved, the appellant initially filed Special Leave Petition before this Court, but thereafter withdrew the same and challenged the order of the learned Single Judge before the Division Bench of the Madhya Pradesh High Court in Writ Appeal No.224 of 2006.
The appellant then filed Writ Petition No.692 of 1996 before the Madhya Pradesh High Court, Indore Bench, which was dismissed by the learned Single Judge by order dated 15.02.2000.
The Pension Scheme, 1995 applied also to employees who were in the service of respondent No.1 Company on or after first January, 1986 but had retired before the first day of November, 1993 and exercised an option in writing within 120 days from the numberified date provided he refunded within the specified period the entire amount of the companypanys companytribution to the provident fund including interest thereon as well as the entire amount of number refundable withdrawal, if any, made from the companypanys companytribution to the provident fund amount and interest thereon.
The appellant then served a letter dated 16.09.1991 to the General Manager of respondent No.1 Company at the Head Office of the companypany at Bombay saying that he would like to resign from his post and requesting him to treat the letter as three months numberice and to relieve him from his services.
The UCO Bank carried an appeal to this Court and this Court differentiated resignation from voluntary retirement and allowed the appeal and set aside the judgment of the High Court.
The Division Bench of the Madhya Pradesh High Court held in the impugned order that under Clause 22 of the Pension Scheme, 1995, resignation entails forfeiture of the past services and as the appellant has resigned from service, even if he had worked for 20 years in respondent No.1 Company, he cannot be equated with an employee who had taken voluntary retirement from service under Clause 30 of the Pension Scheme, 1995 and the Pension Scheme, 1995 did number apply to the appellant and dismissed the Writ Appeal.
Thereafter, the General Insurance Employees Pension Scheme, 1995 for short the Pension Scheme, 1995 was made by the Central Government in exercise of its powers under Section 17 A of the Act.
Under the General Insurance Business Nationalised Act, 1972 for short the Act , Liberty Insurance Company was nationalized and merged in the respondent number1 Company.
The suit was decreed and the decree was affirmed in first appeal and thereafter by the High Court in second appeal.
The Assistant Administrative Officer, Indore, by his letter dated 28.10.1991 informed the appellant that his resignation has been accepted by the companypetent authority with effect from 16.12.1991, i.e. after companypletion of three months numberice.
Accordingly, the appellant was relieved from his services on 16.12.1991.
In the year 1989, he was transferred to Indore and posted as Assistant Administrative Officer and thereafter as Divisional Accountant and in 1991 he was promoted to the post of Administrative Officer.
On 20.10.1995, the appellant submitted an application to the respondent No.1 Company opting for the Pension Scheme, 1995 and gave an undertaking to refund to respondent No.1 Company the entire amount of companypanys companytribution to his provident fund account together with interest as well as the entire amount of number refundable withdrawal, if any, made by him from companypanys companytribution to his provident fund account and interest thereon.
The respondent No.1 Company, however, intimated the appellant by letter dated 25.10.1995 that the Pension Scheme, 1995 was number applicable to those who have resigned from the respondent No.1 Company and since the appellant has resigned, he will number be entitled for the Pensions Scheme, 1995.
K. PATNAIK, J. Leave granted.
This is an appeal by way of special leave against the order dated 10.11.2006 of the Division Bench of the Madhya Pradesh High Court, Indore Bench, in W.A. No.224 of 2006.
The brief facts of this case are that on 01.07.1969 the appellant was appointed as an Inspector in Liberty Insurance Company Limited.
The services of the appellant were absorbed in respondent No.1 Company and in September, 1984, he was promoted as Assistant Administrative Officer and posted at the Guna Branch as Assistant Branch Manager.
