JUGAL KISHORE Vs. PUNJAB STATE ETC

JUDGEMENT

(1.) THE petitioners have sought a mandate from this Court to the respondents to grant them pensionary benefits and also a writ of Certiorari to quash the order dated May 31, 1989 vide which their representation for grant of pensionary benefits was rejected by respondent No. 3.

(2.) THE facts :the petitioners were the employees of the Punjab Roadways. They were transferred to the Municipal Corporation, Amritsar on January 1, 1980, On November 29, 1983 a policy decision was taken by respondent No 1 to grant pension to the employees of Punjab Roadways who were not confirmed against permanent pensionable posts on November 1,1955. While announcing the grant of pension to the employees of the Punjab Roadways, respondent No. 1 had put a condition that the benefit will be granted to those employees who had retired on and after that date The petitioners moved this Court for a direction to respondent No 1 to grant them the pensionary benefits This Court did not express any opinion on merits and directed the petitioners to file a representation to respondent No. 2 for the said relief. The petitioners filed the representation which was rejected vide order dated May 31, 1989.

(3.) WRITTEN statements had been filed on behalf of the respondents. Respondent Nos. 1 and 3 justified the impugned order on the ground that the petitioners ha 1 not exercised their option as enjoined by Rule 14. 30 of the Punjab Civil Services Rules, Volume II on their transfer to non pensionable posts in the Municipal Corporation, Amritsar.