GURBACHAN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) In the present writ petition, the grievance which has been raised by the petitioner is that the case of the petitioner for grant of pension has been rejected by the respondents vide order dtd. 20/7/2018 (Annexure P-8).

(2.) As per the facts which have been stated in the writ petition, the petitioner was appointed as Special Police Officer in Punjab Police Department in the year 1995. Thereafter, the petitioner was absorbed as Constable with the Punjab police in January, 2009. The petitioner superannuated while working as Constable on 31/10/2015. After the retirement, the benefit of pension is not being extended to the petitioner on the ground that after 1/1/2004, there is Contributory Provident Fund Scheme applicable and not the old pension scheme, therefore, the petitioner is not entitled for the pension as being claimed by him. In this regard, an order was passed by the respondents declining the claim of the petitioner.

(3.) In the present writ petition, the claim has been made that the petitioner should be considered under the old pension scheme for the grant of pensionary benefits. Said claim has been made on the basis of the decision of the Division Bench of this Court in CWP No.2371 of 2010 decided on 31/8/2010, titled as Harbans Lal Vs. State of Punjab and others.