JAGAT SINGH Vs. CHIEF ENGINEER

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order dated 12.2.2014 (Annexure P -11) and with a direction to the respondents to grant/sanction/release pension to him in terms of Annexures P -3 and P -4.

(2.) CASE of the petitioner, in brief, is that he had joined the service of the respondents as Beldar on 22.1.1957 and retired on 28.2.1997 while working as Charge -man Special Grade -I. The Board introduced pension scheme with effect from 1.1.1990 on the pattern of Punjab Civil Services Rules Volume -II (Pension Rules) for its regular employees. Petitioner was earlier a member of Board's Employees Family Pension Scheme, 1981. Petitioner had already retired on 28.2.1997 and the benefit of the pension scheme was made available with effect from 16.11.1995. Despite requests, case of the petitioner was not considered by the respondents to allow him to become member of the pension scheme introduced with effect from 1.1.1990. Petitioner served a notice on 23.7.2012 (Annexure P -5), however, no action was taken by the respondents on the said notice. Petitioner filed CWP No. 23789 of 2013 claiming the said relief and the writ petition was disposed of vide order dated 29.10.2013 (Annexure P -10) with a direction to the respondents to decide the notice by passing a speaking order. Vide impugned order dated 12.2.2014 (Annexure P -11), notice served by the petitioner was rejected by the respondents. Hence, the present petition by the petitioner.

(3.) IN the present case, petitioner retired from service in the year 1997. Petitioner had not opted for 2001 pension scheme within the stipulated period from the date of notification. As per the notification, notified in the official gazette of India on 15.9.2001, petitioner was required to submit his option within six months but he had failed to do so. Therefore, the case of the petitioner was rejected by the respondents vide impugned order Annexure P -11. The argument raised by learned counsel for the petitioner that he was not informed qua the pension scheme 2001, is without any basis as once the scheme had been notified in the official gazette, it is presumed that notice had been given to all concerned of the scheme in question.