OM PRAKASH GARG Vs. UNION OF INDIA

JUDGEMENT

(1.) To a claim of the petitioner for release of pensionary benefits by counting the period of service that he had rendered with the Union of India, the contention on behalf of the Electricity Board, is that as regards the period of service that the petitioner had till he retired, the pension liability by way of contribution comes to Rs.2,40,370/-, out of which, the MES Department had already sent a contribution of Rs.25,045/- and the balance of share of contribution of liability amounting to Rs.2,15,325/- has not been forthcoming from the 2nd respondent and as and when the amount is paid, the matter for counting the previous service towards pension of the petitioner would also be considered.

(2.) Learned counsel appearing for the petitioner relies on a Division Bench judgment of this Hon'ble Court in LPA No.115 of 2006. In the said judgment, the Division Bench has raised the very same question whether the period of service in the Government of India or Government of Punjab could be counted for the purpose of determining the pension and other retiral benefits of a person, who retired from PSEB and addressing the issue relating to the contributions of the respective employers, the Court held as follows:-

(3.) The Division Bench has held that the Electricity Board itself would make the contribution and has directed the Government of India to release the amount in favour of the Electricity Board the proportionate liability towards pension in terms of the Scheme of the transfer. By leaving it open to the Electricity Board to seek appropriate redress in this Court or any other Court for enforcement of the direction relating to the contribution of the Government of India, if it did not reimburse the proportionate liability, the Division Bench enabled an employee of the Electricity Board to claim pension counting the period of service also in the Union.