Kuldip Singh, J. - (1.) Sarwan Kumar Sahota, retired Executive Officer, Grade-I who worked in different Municipal Councils, initially filed the writ of mandamus for release of 25% gratuity, re-fixation of pay, grant of two annual increments and grant of 18 years service benefits as well as recovery of Rs. 3,95,472/- recovered from him for the interest on the pension fund which was to be recovered from respondent No.3 and not from the petitioner. During the pendency of the present petition, all the other benefits were released. Now, the dispute survives only for the recovery of Rs. 3,95,472/-, as stated above.
(2.) It comes out that when the petitioner was posted at Municipal Council Sultanpur, Lodhi from 1.2.1994 to 7.3.1996, a pension scheme called as Punjab Municipal Employees Pension and General Provident Fund Rules, 1994 ('in short 1994 Rules') was formulated, which were published in the Government notification on 16.3.1994. Under the said Rules, the employees were to exercise the option under Rule 3 for availing the benefit of said Rules. A Pension Fund was to be established under Rule 4 and the share of money contributed by the committee along with the interest standing in CPF account to the credit of the employee was to be transferred to the said fund. The relevant extract from the said Rules is reproduced as under:- "5. Transfer of amount to the fund.-(1) The share of money contributed by the committee along with interest accrued thereon standing in the Contributory Provident Fund account to the credit of an employee of a committee, who opts for these rules or who is governed by these rules, shall stand transferred to the Fund to the extent it was contributed by the committee during the period of service of the employee along with any loss caused to the contribution either by the committee or by the employee through withdrawal during the tenure of service of the employee or due to any other reason which shall be made good by the committee or the employee, as the case may be, by paying the amount along with interest due for that period to the Fund."
(3.) Now the allegation surviving against the petitioner are that he was the Drawing and Disbursing Officer and he was to transfer the funds and according to the stand of the respondent No.4 Municipal Council, Sultanpur Lodhi, petitioner did not transfer the said CPF amount of the employees to the Pension fund pertaining to his own case and the case of the other employees, resulting in loss to the Municipal Council as the fund was to be transferred along with the interest. Petitioner retired from service on 30.4.2004. After his retirement, he claimed his dues, which were not paid and ultimately he is stated to have furnished an affidavit (Annexure P-8) dated 14.08.2007, in which he submitted to the Municipal Council Sultanpur, Lodhi that he had withdrawn Rs. 3,95,472/- (earlier amount Rs. 50,000/- approximately) which was share of the Pension Fund and that he requested that the same may be deducted from the arrears of his pension/commuted value of pension/pension.;