You need to challenge it's validity through writ petition.
Resignation and Retirement from civil service
Minimum qualifying service for pension as per CCS Pension Rules is 20 yrs. As per Rule 26 Resignation entails forfeiture of past service. Does it mean that Rule 26 is applicable to only those who put in less than 20 yrs service? In Public sector Insurance Companies, both life and non life, there are two categories of employees till recently viz Pension optees and CPF optees. If pension optee resigns after 20 yrs it is treated as Voluntary Retirement where as if a PF Optee resigns it is termed as Resignation and all the pensionary benefits are denied to him. But this clause is not applicable if a PF optee has crossed 55 yrs of age as per the Rationalisation scheme of both LIC and GIC. Can this disparity be challenged successfully in a court of law? Can you suggest some way out for the PF Optees with more than 20 yrs service but less than 55 yrs of age?
Asked 6 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
Can the Full Bench decision of Supreme Court in LIC of India Vs Shreelal Meena delivered on 15th March 2019 on the subject refered above be challenged or is there any alternative
Asked 6 years ago
No the said order can’t be challenged
The constitutional validity has been upheld by the SC
Yes this is a disparity , file a writ challenging the same, more then one employee can file a joint writ.
The Law in this is in the favour of the Govt Employer. Therefore you should comply to the Civil Service rules.
As far as the case law is concerned, you can file for review petition with Hon'ble Supreme Court of India.
NOps, forfeiture will apply even after 20 years except a government servant who has been permitted to be absorbed in a service or post in or under a Corporation shall be eligible to receive retirement benefits.
No rational to challenge the above rule as not res integra.
If you are a PF optee and working in an insurance company then you know that how and why you had opted for PF.
However please note that the options for PF or pension were asked way back 25 years in the said insurance companies, whereas you want to challenge this police after more than two decades especially after having opted for this facility long back.
Well, the writ petition challenging the policy decision may not be entertained by court but that will not prevent you from filing a case in this regard before high court.
The judgment was delivered by the full bench of the supreme court hence do you think that this can be challenged or whether the challenge in the form of revision petition would fetch any fruitful result?
Dear
You should file a writ petition against this for checking it's constitutional validity.
