JEEWAN LATA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the grievance of the petitioner is that though she has rendered more than 26 years of service with the respondents as Safai Sewika, but after she retired from service on 31-01-2016, no pensionary benefits have been released to her.

(2.) As per the facts mentioned in the writ petition, petitioner joined as a Sweeper on part time basis with the respondents-Department of Education on 14-08-1984. She continued working as such till her services were regularised by the respondents on 25-10-2010 (Annexure P-3). Thereafter, petitioner attained the age of superannuation and ultimately retired on 31-01-2016. After the retirement, petitioner represented the respondents for the release of the pensionary benefits, which request was not accepted by the respondents and ultimately, the present writ petition has been filed by the petitioner claiming the retiral benefits in respect of the service which she had rendered with the respondents.

(3.) Upon notice of motion, the respondents have filed the reply in which the respondents have stated that the petitioner was initially working on part time basis as Sweeper from 14-8-1994 to 24-10-2010 and thereafter on regular basis and then the petitioner retired on 31-01-2016. The reason which has been given by the respondents for not granting the pensionary benefits to the petitioner is that the petitioner will be covered under the New Contributory Provident Funds Scheme, which is applicable in the State of Punjab w.e.f 01.01.2004. As the services of the petitioner were regularised in October, 2010 and therefore petitioner was not entitled for pension under the Old Pension Scheme. It has also been stated in the reply that the benefits of leave encashment and General Insurance Scheme have already been released to the petitioner.