RAMAN KAPOOR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner retired as Executive Officer from Improvement Trust, Kapurthala on 31.1.2009. According to the petitioner, in the year 1994, the Punjab Government implemented Pension Scheme to the employees of the Local Government Department. As the said pension scheme was not sufficiently circulated, therefore, many employees including the petitioner could not submit their option for the said pension scheme. Therefore, the employees' unions held a meeting under the chairmanship of the Chief Minister, Punjab, and it was decided to give another chance to its officials to opt for pension scheme, who had not done so earlier. The last date for submission of option was 31.12.2011.

(2.) In the reply by the State as well as the Improvement Trust, the factum of submission of option by the petitioner on 26.12.2011 has not been specifically denied. Rather, it is stated that it is a matter of record. Respondent No. 3-Trust has taken the stand that the employees could not be given any benefit as there was no amendment in the Pension Rules, 1994, as the Pension Scheme dated 31.10.2011 was never finalized. Therefore, as per letter dated 1.3.2012, no pension could be released to any of the employees. The Pension Scheme dated 31.10.2011 was never implemented.

(3.) The State in the reply has also taken more or less similar stand, stating that the matter regarding the funds was taken up with the Finance Department, Punjab. The Department of Local Government, Punjab, is not in a position to pay the liability of Rs. 90 crores, which would only be arrears of pension accrued. Therefore, the case for providing requisite funds was sent to the Finance Department, but it has shown its inability to provide funds on 21.7.2015. The matter was again brought to the notice of Chief Minister of Punjab. The Special Principal Secretary (A) to the Chief Minister has conveyed that the Chief Minister of Punjab has desired that the matter be again taken up with the Department of Finance. Therefore, the matter for providing of grant/funds was sent to the Finance Department, Punjab and the same is still pending. It was further stated that the decision regarding amendment of Pension Rules, 1994, could be taken only after the Finance Department, Punjab, convey its decision regarding providing of financial assistance to the Department of Local Government. It was further stated that the amendment in the Pension Rules, 1994 is required before the amendment is carried out.