- (1.) The petitioner has sought quashing of order dated 7.11.2003 (Annexure P-10) passed by respondent No. 2. Vide this order, it was clarified that after absorption in the State Government Service, the entire amount lying with the Employees Provident Fund Organization should be transferred to the State Government for pension fund. No payment was to be made to the individual employee. This petition has been filed by the registered union of the workers of Ranjit Sagar Dam Project. The employees were workers on work charge basis, were regularized by the Government of Punjab, Department of Irrigation vide order Annexure P-1 dated 13.3.1996. All the employees used to pay contribution prior to regularization of services on account of Clause (i) of the Employees Provident Fund sub-clause (ii) of Family Pension. In the year 1995 the Punjab Government has modified its scheme on all India basis by the name of Employees' Pension Scheme, 1995. The employees' contribution to pension scheme was stopped after 15.11.1995, as per the instructions issued by Regional Provident Fund Commissioner, Punjab, Chandigarh dated 14.5.1998 (Annexure P-2). All the employees could apply for refund of their share. Some contributions were made on account of family pension. Representation dated 17.12.2002 was made seeking refund of the share of contribution on account of family pension. Case of the petitioner is that vide instructions dated 17.1.2003 (Annexure P-5) the Regional Provident Fund Commissioner had directed to respondent No. 4 i.e. to the Chief Engineer, Ranjit Sagar Dam to refund the amount to the employees as the Central Government had decided to refund the Family Pension Fund accumulations to the workers of Ranjit Sagar Dam on their absorption in the State Government service. Despite this clarification no refund was made. Vide letter dated 30.9.2003 (Annexure P-9) respondent No. 4 again sought the refund of Family Pension accumulations in two parts:- (1) Accumulations under employees Family Pension Scheme, 1971; and (2) Accumulations under Employees Pension Scheme, 1995. As regards category No. 1, the amount was to be refunded to the employees concerned in respect of accumulations and as regard category No. 2 the total accumulation w.e.f. 16.11.1995 to 12.3.1996 was refunded to the employer. Vide order dated (Annexure P-10) it has been clarified that the entire amount payable by the Employees Provident Fund Organization is to be transferred to the State Government Pension Fund and no payment is required to be made to the individual employee. Counsel for the petitioner has argued that the employees' provident fund contribution has since been refunded to the petitioners on being regularized in the State Government service. With regard to the clarification issued order dated 7.11.2003 (Annexure P-10) is liable to be quashed. Mr. Rajesh Hooda, Counsel for respondent Nos. 2 and 3 has supported the order dated 7.11.2003 (Annexure P-10) that the instruction issued by the Central Office is clear that the payment of provident fund/pension fund accumulations is to be made to the State Government after absorption.
(2.) I have heard Counsel for the parties and have gone through the case file carefully. The employees working in the Ranjit Sagar Dam on work charge basis were regularized by the Government of Punjab as per the policy of the Government. Thus, their past service was to be treated for pensionary as well as consequential benefits. These employees contributed the employees fund as well as family pension with the Ranjit Sagar Dam Project. As per the pension scheme of the State Government, the pension fund accumulations were required to be paid to the State Government through the employer i.e. Ranjit Sagar Dam. A request was made by the employees to release the family pension funds and the matter was taken up with the Central Government Ministry of Labour through Central Provident Fund Commissioner, New Delhi. The Central Government (Ministry of Labour) inserted new para 39(B) by way of issuing Notification vide No. GSR 430 (E) dated 19th May, 2003 thereby making the provisions to refund the pension fund accumulations to the State Government through Ranjit Sagar Dam (Employer). Pursuant to the issuance of the notification, the Central Provident Fund Commissioner, New Delhi clarified the matter with regard to the payment of pension fund withdrawal vide their letter No. Pen. 2/5/HR/PB/Clarif/96/53552 dated 24.10.2003 the copy of which is Annexure P-10 by the petitioner in his petition. According to the letters issued by the Central Office, it is crystal clear that the payment of the Pension Fund accumulations is to be made to the State Government through the employer of the petitioner. The petitioners are not entitled to the family pension accumulations as per the letter dated 24.10.2003 (Annexure P-10). It was verified that the refund of Pension Fund accumulations is to be made to the State Government through the employees of M/s Ranjit Sagar Dam on their absorption in State Government service. There was a confusion about this letter, which was subsequently clarified vide notification dated 19.5.2003 (Annexure P-8). To facilitate the pension fund of 1971 a new Table 'E' was issued vide Annexure P-8. As per Annexure P-8 paragraph, '39-B' was inserted in the Employees Pension Scheme, 1995, which was in favour of the Punjab Government. The entire payment of the Employees Provident Fund was paid to the State Government Pension Fund and it was not required to made to individual employees. The clarification (Annexure P-10) has eliminated the confusion created vide letter dated 16.12.2002 (Annexure P-4). Since the period of employees provident fund membership is being counted for pensionary benefits in the State Government pension, there is no justification that the employees may enjoyed double benefit i.e. by taking the refund of contribution family pension made and also benefit of regular family pension of State Government of Punjab, which is much more beneficial to the employees. The pension has been provided to the regular employees under the pension scheme of Punjab Civil Services Rules, which is more beneficial than the scheme under the Punjab Employees Provident Fund Scheme. Order dated 7.11.2003 (Annexure P-10) does not require any interference by this Court. The writ petition is dismissed.;