YASHPAL 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 respondentdepartment to accept the p etitioner's option for pension and grant him monthly pension under the Punjab Municipal Employees Pension and General Provident Fund Rules, 1994 along with all consequential benefits.

(2.) Briefly stated, petitioner, Yashpal, joined the service of the Municipal Corporation, Ludhiana, as a Sweeper on 23/8/1987. He continued in service and ultimately retired on 22/8/2017. The State of Punjab, in a welfareoriented move, implemented the Punjab Munic ipal 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 fourmo nth 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. The petitioner did not submit any option form within this stipulated period of four months. Consequently, he continued to be a member of the Contributory Provident Fund Scheme throughout his service.