BABU RAM 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 certiorari for quashing of order dtd. 9/12/2021 (Annexure P-8), whereby his claim for pension was rejected. The petitioner further seeks issuance of a writ in the nature of mandamus directing the respondents to treat the option for pension exercised by him pursuant to the Punjab Government's letter dtd. 14/11/2011 (Annexure P-4) as valid, and to release his monthly pension along with arrears from the date of his retirement, together with interest at the rate of 18% per annum and all consequential benefits.

(2.) Learned counsel for the petitioner inter alia contended that the (Respondent No. 4) in the year 1979 as a Sewerman. After serving for approximately 35 years, the petitioner initially reached the age of retirement on 30/6/2014 (Annexure P-1). Subsequently, he was granted an extension of two years in service (Annexure P-2) and ultimately retired from Zone-D, Municipal Corporation, Ludhiana, on 30/6/2016.

(3.) It is submitted that the Government of Punjab had issued a notification dtd. 28/7/1994, published in the Punjab Government Gazette on 29/7/1994, which introduced the "Municipal Corporation Employees Pension and General Provident Fund Rules, 1994" (hereinafter referred to as '1994 Pension Rules'). Learned Counsel for the petitioner argued that the petitioner was never informed about these rules at the time of their publication, nor was he ever called upon or given an opportunity to exercise his option under the said rules. Thereafter, the Government of Punjab issued a letter dtd. 14/11/2011 (Annexure P-4) providing one more opportunity to employees to exercise their option for the pension scheme. Acting upon this second opportunity, the petitioner exercised his option for pension within the stipulated time frame. Consequently, his Contributory Provident Fund (CPF) bearing no. 3175 was changed/transferred to a General Provident Fund (GPF) account, and he was allotted GPF account no. 8903.