- (1.) The petitioners were employed in the Punjabi University, Patiala and retired from service on various dates in the years 1998 and 1999. They are aggrieved by a decision taken by the University and circulated vide memo dated 10.07.2001 whereby a special chance for opting for pension was granted to those employees who were in service of the University on 23.02.2000 and denied to the employees like the petitioners who had retired from service prior to the aforesaid date.
(2.) The facts leading to the filing of this writ petition are that a pension scheme was enforced by the Punjabi University vide a circular dated 15.07.1992. The scheme was however enforced with effect from 1.4.1990. The scheme was enacted as a statute by the Syndicate of the University. The relevant provisions of the scheme can be culled out as hereunder :- "1. A Pension fund to be called, The Punjabi University Pension Fund, shall be established for the benefit of the employees eligible under these Statutes by creating a 'Corpus' from the University share of the CPF and the State Government will continue to provide to the University the CPF matching contribution in the shape of annual grant-in-aid which will be added to this Fund. This shall come in force on 1.4.90. No additional grant shall be provided by the Punjab Government. 2. All whole time paid employees who were beneficiaries under the existing scheme of CPF (Contributory Provident Fund) except those appointed on contract basis, who on attaining the age of retirement indicated in Statute 38, retire on or after 1.4.90, shall be entitled to the benefit of Pension Scheme including Premature Retirement Pension, Commuted Pension etc. and Family Pension to eligible persons in case of death of employee on or after 1.4.90, unless they specifically opt out in writing to continue under the CPF Scheme. 3. The employees of the categories mentioned at 2 above, who joined the University on or after date of issue of the Notification of the Statutes, will be governed by the Pension Scheme only. 4. Employees of the category mentioned at 2 above who joined the University before the date of issue of notification will be given an option to be exercised and conveyed to the Registrar's Office within four months in the form (to be prescribed by the V.C.) if they wish to continue under the CPF Scheme or opt to come over to Pension Scheme. If no option is exercised by them within the stipulated period, such employees will be deemed to have come over to the Pension Scheme. The existing Statutes/Ordinances relating to CPF will remain operative for employees who opt to continue to be governed by the CPF Scheme. 5. The CPF beneficiaries who were in service on 1.4.90 but have since retired and in whose case retirement benefits have also been paid under the CPF Scheme and in case of such employees as are continuing in service and have obtained loan/advance out of University's share of CPF, will also have the option to adopt Pension Scheme provided they refund to the University, the University's contribution (matching) to their Contributory Provident Fund along with interest thereon. 6. In the case of CPF beneficiaries, who were in service on 1.4.90 but have since retired and in whose case the CPF benefit has not been paid, (on the date of issue of orders) will be allowed the retirement benefits as if they were borne on pensionable establishment, unless they specifically opt out within four months to have their retirement benefits settled under the CPF Scheme. 7. In the case of CPF beneficiaries, who were in service on 1.4.90 but have since died, either before retirement or after retirement, the case will be settled in accordance with para 5 or 6 above as the case may be. Options in such cases will be exercised latest within four months by the widow/widower and in the absence of widow/widower by the eldest surviving member of the family who would have otherwise been eligible to the Family Pension under the Family Pension Scheme, if such scheme were applicable (i.e. on the pattern available in the Punjab Government). 8. The option once exercised shall be final."
(3.) A reading of the aforementioned clauses would show that all whole time paid employees of the University who were earlier beneficiaries under the Contributory Provident Fund (CPF) scheme and who had retired on or after 1.4.1990 were entitled to the benefit of the Pension Scheme unless they specifically give an option in writing to be permitted to continue under the CPF Scheme. In case of employees who joined the University after the notification of the Statute incorporating the Pension Scheme the same were to be governed by the Pension Scheme only. Clause 4 of the Scheme further clarified that the employees as aforementioned were to give their option within four months of the issuance of the notification and in case no such option was exercised by them they would be deemed to have come over to the Pension Scheme. In the case of employees who were in service on 1.4.1990 and in whose case benefits under the CPF Scheme had already been paid or existing employees who had obtained loan/advance out of the University share of the CPF, would also have the option to opt for the Pension Scheme provided they would refund to the University the University's contribution to their Contributory Provident Fund along with interest thereon. Clause 8 of the Scheme expressly stipulated that the option once exercised would be final.;