IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 11583 of 1999 Between: S.Yelliah, S/o Late Pentaiah, H-No-1-10-303, New Bowenpally, Secunderabad. ..... PETITIONER AND 1 The ChairMan-Cum-Manging Director, Allwyn (A unit of Voltas Ltd), Santhnagar, Hyderabad. 2 The Regional Provident Fund Commissioner, Barkatpura, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more particularly in the nature of a Writ of Mandamus directing the respondents to apply the provisions of Sub-para 2 of Paragraph.17 of Employees Pension Scheme, 1995 and pay the petitioner the applicable monthly pension from the date of his retirement by permitting the petitioner to join the Employees Pension Scheme, 1995 and pass such other order or orders as this Hon'ble Court may feel deem fit and proper. Counsel for the Petitioner: MR.E.NAGESWARA RAO Counsel for the Respondent No.1 : MR.M.S.RAMCHANDRA RAO Counsel for the Respondent No.2: Mr.R.N.Reddy The Court made the following : ORDER It appears that the petitioner was an employee of first respondent company. When the Family Pension Scheme was introduced in 1971, he did not opt for the same and subsequently in the year 1995, a different scheme i.e., Employees Pension Scheme was introduced by replacing the 1971 scheme and according to that scheme, a person who has not opted for 1971 scheme, cannot be continued in 1995 scheme. Under those circumstances, the petitioner’s name was not included for the purpose of family pension scheme. In fact, he was paid Provident Fund in view of his retirement, on attaining the age of superannuation. Therefore, once, it is admitted that the petitioner has not opted for 1971 scheme, now it is too late to opt for family pension under 1995 scheme, which is nothing but replacement of 1971 scheme. Writ petition is devoid of merits and is liable to be dismissed. The writ petition is dismissed accordingly. No costs. __________ 14-03-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The ChairMan-Cum-Manging Director, Allwyn (A unit of Voltas Ltd), Santhnagar, Hyderabad. 2 The Regional Provident Fund Commissioner, Barkatpura, Hyderabad. 3..2CD copies