- (1.) The appellant served as a P.T.I with a qualifying service of 16 years with a privately aided BLD Janta Middle School, Jahidpur Kamlooh (Hoshiarpur), when he had to submit an application for being relieved from service on 18.10.1990 because of deteriorating health. The appellant was entitled to the refund of the contributory provident fund along with interest. On his application for the same having been accepted and he having been relieved from service, the said contributory fund along with interest was paid to him on 19.12.1995.
(2.) The appellant opted for the Punjab Privately Managed Recognized Aided Schools Retirement Benefit Scheme, 1992 (for short, "the Pension Scheme") vide representation dated 12.08.1994. However, when the said representation was not decided, the appellant submitted further representations dated 02.11.1996 and 09.06.1998 (Annexures P-4 and P-5), followed by a legal notice dated 08.03.2010 (Annexure P-6). When in spite of all this, no decision was taken, he filed Civil Writ Petition No. 8439 of 2010 (Som Singh v. State of Punjab and others), which was disposed of on 10.05.2010 by this court with a direction to the respondents to consider the legal notice. The said legal notice was decided by the respondents, rejecting the claim of the appellant, holding him ineligible for grant of pension vide order dated 31.08.2010, which was challenged by the appellant through the writ petition. On considering the claim of the appellant, the writ petition was dismissed by the learned single Judge vide judgment dated 11.04.2014, upholding the stand of the respondents that the appellant could not be granted pension as he had neither attained the age of 50 years nor had completed 25 years of qualifying service on the date when he had submitted his request for being relieved from service and, thus, being ineligible under the Pension Scheme, was dis-entitled to the benefit of same. The present appeal has been filed, challenging the decision of the learned single Judge.
(3.) The relevant Clauses 4, 5, 6(4), 8, 9 and 17, which are in issue in the present case, read as under: "4. Exercise of Option :- The option under sub-clause II of the second proviso to sub-clause I of Clause III shall be exercised in triplicate in writing in form 2 so as to reach the District Education Officer as forwarded by the head of the concerned school with the approval by the Managing Committee within a period of four months from the date of publication of this scheme in the official gazette: Provided that: (i) In the case an employee who, on the date of publication of this scheme was abroad or on leave, the option shall be exercised within a period of four months from the date taking the charge of his post; (ii) where an employee is under suspension, on the date of publication of the scheme, the option shall be exercised within a period of four months from the date of his joining the duty; (iii) an option once exercised shall be final and if person fails to exercise his option for the scheme within a specified period referred to above, it shall be deemed that he has opted for the contributory provident fund benefit as envisaged in Rule 22 of Punjab Privately Managed Recognised Schools Employees (Security of Service) Rules, 1981 (hereinafter referred to the contributory provident fund). (iv) an employee who dies on or after the fifth day of February, 1987 and who could not exercise his option, the legal heir of such employees who is entitled to receive retirement benefits under the scheme, shall exercised option, subject to the condition that the legal heir shall have to deposit the amount received by the deceased employee or by him, as case may be, under the contributory provident fund. 5. Benefits under the Scheme :- The following retirement benefits shall be granted under the Scheme, namely: (a) Superannuation pension; (b) Death-cum-retirement gratuity; (c) Family Pension; (d) Invalid pension; (e) Compensation pension; (f) Compassionate allowance; and (g) Retiring Pension." 6. Qualification Service : (1) The service of an employee shall not qualify for retirement benefits under this Scheme unless: (i) to (iii) xx xx xx xx (2) and (3) xx xx xx xx (4) In a case where the total qualifying service is less than ten years, no pension benefit shall be admissible. Xx xx xx xx xx 7. xx xx xx xx 8. Entitlement for Pension : An employee shall be entitled for pension under the scheme only after he completes 10 years (twenty half years) qualifying service. 9. Superannuation Pension :- (1) An employee other than Class IV employee who opts for the Scheme, will be entitled to the superannuation pension from the date he retires after attaining the age of fifty eight years. (2) In case of Class IV Employees, the date of retirement shall be the date on which he completes sixty years of his age. (3) Pension shall be commuted at the rate of fifty per cent of the average pay of the last ten months. The admissibility of full pension shall be on completing thirty three years qualifying service. In case the qualifying service for pension is less than thirty three years, the pension shall first be commuted at the rate of fifty per cent of average pay of lst ten months and then it will be proportionately reduced. If the pension so commuted falls short of rupees 375, the same shall be raised to rupees 375 in all cases. 10 to 16. xx xx xx xx 17. Retiring Pension :- (1) A retiring pension and retirement gratuity shall be granted to an employee who retires voluntarily or is retired compulsorily according to the length of qualifying service, as provided in the succeeding sub-clauses: (2) The concerned managing committee shall, if it is of the opinion that it is in public interest to do so by recording the reason in writing, have the right by giving an employee prior notice, in writing of not less than three months to retire that employee on the date on which he completes twenty-five years of qualifying service or any other date thereafter to be specified in the notice or on the date on which he attains fifty years of age: Provided that where three months notice is not given or notice for a period less than three months is given, the employee shall be entitled to claim a sum equivalent to the amount of pay and allowance at the same rate at which he was drawing immediately before the date of retirement, for the period of three months or as the case may be, for the period by which such notice falls short of three months. (3) An employee may, after giving at least three months notice in writing to the Managing Committee, retire from service or on the date on which he completes 25 yrs. of qualifying service or attains 50 yrs. of age or any date thereafter to be specified in the notice: Provided that no employee under suspension shall retire from service except with the specific approval of the managing committee.";