WPNo:16155/1997 M.VENKATESAN Ph:23700049

1. Application to be moved in HC for the REVISION OF PRAYER

2. Revised Prayer:
Normal retirement benefits to be awarded as applicable under CCS Pension rules of 1972 as I am prepared to refund all ILLEGAL AMOUNTS WITH INTEREST paid to me by the EIA.

Export Inspection Agency-a statutory body whose employees are governed by CCS Pension rules of 1972 has implemented illegally SVRS-1994 floating all rules/norms applicable under CCS Pension rules of 1972 in gross violation of articles 309,313,372 & 144 of the CONSTITUTION.

3. Counters filed by the EIA say that the scheme was floated by EIC & approved by Govt.

Violations given below:

· DOPT-Only nodal agency which is empowered to issue directives on surplus staff has not issued any circular pertaining to 1994-SVRS!!!!? Vide DPT No.134/2005-Estt.(A) Dt.18th.August 2005. NODAL DEPARRTENTS NOT INVOLVED
· Commerce Ministry is not empowered to Offer SVRS-1994. *
*
Allocation of Business Rules & the Transaction of Business Rules made by His Excellency The President of India under Article 77 (3) of Constitution of India-cited below:
1.“ Formation of policies” in relation to “pension and other Retirement benefits and other aspects of Personnel Administration” and the “Framing Rules” thereupon, under the “Proviso” to article 309 of the Constitution, are exclusively within the “domain” of the NODAL department of Pension and Pensioners’ Welfare (especially in cases INVOLVING significant recurring financial implications, under the Department of Expenditure as well); and

2.the exercise of SUPERORDINATE powers in relation to INTERPRETATION/RELAXATION of “any” of the provisions of the aforementioned Rules, inter alia the CCS (commutation of pension) Rules, 1981 is per se exclusively “reserved” to the NODAL Department of Pension and Pensioners’ Welfare and NONE in the “administrative” Ministries/Departments like the Department of Commerce.
· Under Right To Information Act-2005 I got the following ministry of commerce circular:No.3/8/91-EI &EP Dt.21/5/1994 which clearly states that Govt. has not approved this SVRS. However EIA has deliberately suppressed **this fact in its circular & forced /cheated the employees without giving other options (48,48A,FR56-K) as required under Rule 29 of CCS Pension rule of 1972.
**
The clandestine action of the Export Inspection Council( in consultation with Department of Commerce) on the 21st.May 1994 circular- a blemish of “ignoring or overlooking” (willfully) is in violation of Article 144 of Constitution.

Ref: AIR 1989 SC 1133
“EMPLOYEES should NOT be made to suffer ADVERSLY for the DEFAULT OR LAPSE on the part of Government, as it would be ARBITRARY, UNJUST AND UNREASONABLE”

· SVRS was thrust stealthily on me as the dept. has directed me first to apply for VRS before giving explanations about the scheme. I was forced to submit the option Vide letter no: EIA:MS/Admn/gen/94-95/1134 dt.31.5.1994 even before clarifying the terms of the scheme. Deprived my rights for seeking information.



Venkatesan.M
Chennai-33
16th.July2006
WP No.16155/1997

OR PERMISSION TO WITHDRAW THIS SUIT & TO FILE A FRESH SUIT

My 11years continuous efforts for information from EIC finally succeeded with the introduction of Right to Information Act. I received a reply on 17th.Oct.2005.
The ambiguous SVRS-1994 is ILLEGAL as the Ministry of Commerce itself admits in the letter dt.21/5/1994 that the Govt does not approve the scheme. However the ministry implemented it arbitrarily in gross violation of CCS Pension Rules-1972 &
Articles 309,313,372 and 144 of the Constitution.
In the light of above latest evidences, the cause of action for this suit is entirely changed due to the latest information received by me from the ministry of commerce (EIC/D (Q/C) VRS/121/2005/5195 Dt.10.10.2005) under Right to Information Act-2005. So Hon’ble Court may permit me to withdraw this suit & to file a fresh suit to challenge the SVRS-1994 scheme itself and to get the entire legitimate benefits under the CCS Pension Rules-1972.