CHAMAN LAL SADANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Chaman Lal Sadana, Ex-Manager, Punjab State Leather Development Corporation Ltd. through present petition filed by him under Article 226 of the Constitution of India seeks suitable writ for grant of pension alongwith consequential benefits and interest @ 18%.

(2.) The facts, on which the relief asked for is sought to rest, reveal that petitioner joined as Manager Training on 16.9.1965 and was discharged as statutorily retired w.e.f. 1.7.1984 under a special scheme on transfer of IT/Leather Centres from the control of Punjab Government, to the Punjab State Leather Development Corporation. Petitioner had served the said Corporation from 1.7.1984 to 30.9.1993. It is the case of the petitioner that in Punjab State Leather Development Corporation he was not entitled to pension but on retirement from there, he was to be given pension in lieu of service rendered by him under the Punjab Government as per the Rules as also other retiral benefits in the Corporation as well. He sought voluntary retirement from the Corporation on 14.9.1989 but the Corporation treated it as resignation and relieved him on 23.1.1990. Aggrieved, petitioner filed Civil Writ Petition No. 2452 of 1990 which was allowed on 8.6.1991. Petitioner also claimed pension in lieu of service rendered with the Corporation. These aspects were considered by the Court in Letters Patent Appeal filed by him (No. 948 of 1991), and the matter as decided on 11.1.1993. Whereas, resignation submitted by the petitioner was confirmed by the Court, his claim with regard to pension for the period that he had rendered service in the Corporation was declined. That being the order of the Court, petitioner stakes his claim for pension for the service that he had rendered with the Punjab State from 16.9.1965 to 1.7.1984 as due under the Rules. When his claim was not even attended to, he filed the present writ for the relief as indicated in the earlier part of the judgment.

(3.) The cause of petitioner has been opposed and in the written statement filed by the respondents through Shri S.L. Bhardwaj, Assistant Director of Industries, Punjab, it has been pleaded that as per clarification given under Rule 5.1 of the Punjab Civil Services Rules, Vol. II, Pension is divided into four classes, namely, (a) compensation pension; (b) invalid pension: (c) superannuation pension; and (d) retiring pension. Pension case of the petitioner is covered under clause (a) i.e. compensation pension and he has been granted pensionary benefits under the provisions of the Rules. As per Rule 5.3 of the Punjab Civil Services Rules, Vol. II, petitioner was not eligible for any pension or gratuity for the qualifying portion of his service until he actually retires from the non-pensionable establishment to which he is transferred. But considering financial hardship to the employees, the Government made them eligible for pension and gratuity by relaxing Rule 5.3(2) vide order dated 6.7.1989. Accordingly the case of the petitioner was sent to the Account General, Punjab, for sanctioning the pension and gratuity and he has been sanctioned pension w.e.f. 29.1.1987, on completion of 20 years' service as per Punjab Government Notification dated 29.11.1979. It is further pleaded that the petitioner is not eligible for pension and gratuity w.e.f. 1.7.1984 and he has rightly been given pension and gratuity w.e.f. 29.1.1987.