RAM ABILAKH YADAV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of Mandamus directing the respondents to consider the option for pension exercised by the petitioner pursuant to the Punjab Government's letter dtd. 14/11/2011 (Annexure P-3) as a valid option. It is further prayed that the respondents be directed to release the petitioner's monthly pension as well as the arrears of pension from the date of his retirement along with interest @ 18% per annum.

(2.) Learned counsel for the petitioner inter alia contended that the petitioner joined the service of the Municipal Corporation, Ludhiana (Respondent No.4) in the year 1979 in the capacity of a Beldar. He continued in service and ultimately retired on 31/12/2018. The State of Punjab, in a welfare-oriented move, implemented the Punjab Municipal Employees Pension and General Provident Fund Rules, 1994 (hereinafter referred to as 'the 1994 Rules') with effect from 1/4/1990. The aforesaid Rules were notified on 28/7/1994.

(3.) Rule 3 of the 1994 Rules stipulated that employees who were in service as on 1/4/1990 were to be given a four-month window to exercise their option to join the pension scheme. Employees appointed after 1/4/1990 were to be automatically covered under the pension scheme. Learned counsel submitted that the petitioner was never informed about the publication of the 1994 Rules and was never called upon to submit his option. Consequently, he had no occasion to exercise his choice within the stipulated period of four months.