SAROJ DUMIR Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) The petitioners, who are widows of the retired employees of the Panjab University, Chandigarh, have filed the instant writ petition challenging the order Annexure P-13, whereby their representation to grant them an opportunity to exercise option to adopt the Pension Scheme formulated by the Panjab University called as Panjab University Employees (Pensions) Regulations, 1991, has been rejected by the Vice Chancellor on the ground that the legal heirs of the deceased employees cannot be allowed to exercise option to adopt the Pension Scheme, in view of Pension Regulation 5.2 and 1.8. The petitioners are also challenging the validity of Regulation 5.2 of Panjab University Employees (Pensions) Regulations, 1991 to the extent of denying the family pension to the petitioners on the ground that their husbands were not the recipients of pension at the time of their death. We have heard the learned counsel for the petitioners at length.

(2.) Undisputedly, the husband of petitioner No. 1 retired on 30.6.2005 and expired on 3.2.2006; the husband of petitioner No. 2 after retirement expired on 7.7.2001; the husband of petitioner No. 3 after retirement expired on 31.8.1989; the husband of petitioner No. 4 retired on 28.2.1994 and expired on 14.5.2003; the husband of petitioner No. 5 expired on 11.6.1976 while he was in service; the husband of petitioner No. 6 retired on 31.10.1993 and expired on 30.1.2002; the husband of petitioner No. 7 retired on 30.5.1988 and expired on 12.12.2002; the husband of petitioner No. 8 expired on 3.12.1982 while he was in service; while the husband of petitioner No. 9 retired on 29.2.1992 and expired on 13.8.1994.

(3.) The respondent-University in order to fulfill the long standing demand of pension by the teachers and non-teaching employees of the Panjab University, introduced the Pension Scheme by framing the Regulations called as Panjab University Employees (Pensions) Regulations, 1991. Those regulations, which have been issued under Section 31(2)(e) of the Panjab University Act, 1947, were published in the Government of India Gazette on February 23, 2006. These regulations were made applicable to the employees of the Panjab University who joined service under the University before 1.1.2004. Vide Regulation 1.2(b), the employees who retired prior to the date of notification of these regulations, were given opportunity to specifically elect to be governed by these regulations by exercising an option as provided in Regulation 1.8.