(1.) PETITIONER -Balbir Kaur was taken in service as a daily wage Clerk by the respondent -University on 5.5.1993. Thereafter she was made ad hoc employee on fixed pay of Rs. 2000/ - per month on 10.1.1994. She was appointed as regular Library Restorer on 28.7.2001. She retired on superannuation on 30.11.2006. She was re -appointed for 2 years in the fixed pay of Rs. 8755/ - per month on 1.12.2006. By calculating her entire service, she filed an application for grant of pension, which was rejected on 5.2.2009 (P -4), stating that period rendered by her on daily wage basis and contract/ad hoc basis, cannot be counted towards qualifying period to get pension. Her legal notice was also rejected on the above mentioned ground vide order dated 9.6.2010. Hence, this writ petition.
(2.) HEARD counsel for the parties.
(3.) IT is petitioner's case that she never opted out to continue with the Contributory Pension Scheme. It is an admitted fact that at the time of her superannuation, she was given the benefit of Contributory Provident Fund.