SUDHIR MITTAL,J. - (1.) The petitioner was appointed as DPS Labour in the Food Storage Depot at Bhucho, District Bathinda on 01.01.1995 on regular basis. He retired from service on attaining the age of superannuation on 05.08.2004. However, his claim for grant of pension under the Employees Pension Scheme 1995 (hereinafter referred to as the '1995 Scheme') has been rejected vide communication dated 02.06.2015 on the ground that he did not possess eligible service of 10 years. This action was challenged by him before the District Consumer Disputes Redressal Forum, Bathinda, but his claim was rejected vide order dated 21.06.2017. This order was challenged by him in appeal which was however dismissed as withdrawn vide order dated 19.12.2017 with liberty to the petitioner to avail the appropriate remedy. Hence, the present writ petition was filed.
(2.) On the date of his appointment, the Employees Family Pension Scheme, 1971 (hereinafter referred to as the '1971 Scheme') was in force. The same was replaced by the 1995 Scheme w.e.f. 16.11.1995. Thus, the pension entitlement of the petitioner was governed by the 1971 Scheme upto 15.11.1995 and thereafter the same was governed by the 1995 Scheme. His service can accordingly be split into two periods of 10 months 15 days and 8 years, 8 months and 20 days. There is no dispute that the claim of the petitioner is to be determined under the 1995 Scheme.
(3.) Certain relevant provisions of the 1995 Scheme are being reproduced here-in-under:- Section 2. Definitions (1) In this Scheme unless the context otherwise requires:- (i) xxxx xxxx xxxx (ii) "actual service" means the aggregate of periods of service rendered from 16th November, 1995 or from the date of joining any establishment whichever is later to the date of exit from the employment of the establishment covered under the Act; (iii) to (v) xxxx xxxx xxxx (vi) "Existing Member" means an existing employee who is a "Member of the Employees' Family Pension Scheme, 1971"; (vii) to (xi) xxxx xxxx xxxx (xii) "past service" means the period of service rendered by an existing member from the date of joining Employees' Family Pension Fund till 15th November, 1995; (xiii) to (xiv) xxxx xxxx xxxx (xv) "pensionable service" means the service rendered by the member for which contributions have been received or are receivable. (xvi) to (xviii) xxxx xxxx xxxx" ;