Darshan Singh and Others vs The State Of Punjab Secretary Rural Development And Panchayat

M.A. No.2673 of 2019 In Civil Appeal No.1298 of 2018

Darshan Singh & Ors. .... Appellant(s) Versus

State of Punjab & Ors. …. Respondent (s)

O R D E R

1. A pension scheme was proposed by the Government of

Punjab in lieu of Contributary Provident Fund in the year 1991

which was ultimately introduced in 1999. The cut off date

fixed for implementation of the pension scheme is 01.07.1999.

The request made for altering the cut off date was not

accepted by the Government on the ground that there would

be huge financial burden on the State exchequer. The Writ

Petition filed for implementation of the pension scheme from

1995 was dismissed by the High Court. Civil Appeal No.1298

of 2018 was filed challenging the legality and validity of the

judgment of the High Court.

2. This Court directed the learned counsel for the State of Signature Not Verified Digitally signed by Sanjay Kumar Date: 2021.01.22 17:07:25 IST Reason: Punjab to obtain instructions about the actual financial liability

of the State as the learned Senior Counsel for the Appellants

1 | Page submitted that only 100 eligible employees are surviving. After

obtaining instructions, Ms. Uttara Babbar, learned counsel for

the State submitted that there are 214 persons who are

eligible for the pension/family pension and the annual liability

of the State would be Rs.3.79 Crores. While recording the

submissions of Ms. Uttara Babbar that the persons who retired

between 1995 and 1999 would be eligible for the benefit of

the scheme is 214, a direction was given by this Court to pay

pension in accordance with the scheme to 214 persons w.e.f.

01.01.2018. It was made clear in the judgment dated

30.01.2018 that the Appellants would not be entitled for

arrears prior to 01.01.2018.

3. M.A. No.2673 of 2019 is filed for a clarification of the

judgment dated 30.01.2018 as the Appellants were not

granted pension though their names are found in the list of

214. It has been stated in the M.A. that Applicant No.1 retired

on 30.04.1994 and the Applicant No.2 retired on 20.09.1997.

The reasons given by the Government for not granting the

benefit of the scheme is that Appellant No.1 retired prior to

11.05.1995. The persons who are included in the list of 214

names given by the Government cannot be deprived of the

benefit of the scheme on any ground whatsoever. We see no

merit in the contention of Ms. Uttara Babbar, learned counsel

for the State that only those persons who retired from service 2 | Page between 11.05.1995 and 30.06.1999 shall be eligible for the

benefit of the pension scheme. The Civil Appeal was allowed

on the statement made by Ms. Uttara Babbar on instructions

obtained from the State Government that 214 persons are

eligible for the benefit of the pension scheme.

4. M.A. No.2673 of 2019 is disposed of by clarifying the

judgment dated 30.01.2018 in Civil Appeal No.1298 of 2018

that all the 214 persons who are included in the list prepared

by the State Government are entitled for grant of benefit in

accordance with the pension scheme.

5. M.A. No.2673 of 2019 in Civil Appeal No.1298 of 2018 is

disposed of accordingly.

………....................CJI.

[S.A. BOBDE]

...............................J. [L. NAGESWARA RAO]

….……………………...J. [VINEET SARAN]

New Delhi January 22, 2021.

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