KULDIP SINGH,J. - (1.) The petitioner, Dr. Uma Ahuja, joined as an Assistant Professor on 21.5.1976 in the respondent-University i.e. Chaudhary Charan Singh Haryana Agricultural University, Hisar, and was working in the College of Agriculture, Kaul District Kaithal, Haryana, which is stated to be the regional centre of the respondent-University. She ultimately rose to become Professor in the year 2002 and retired after attaining the age of superannuation on 31.3.2014. The claim of the petitioner is that in the year 1992, the pension rules called 'CCS Haryana Agricultural University Employees Pension and General Provident Fund Rules, 1992' (in short 'Pension Rules of 1992') were promulgated and that under the said rules, she had opted for pension scheme on 25.8.1993 in pursuance to the letter dated 15.4.1993, inviting the options and subsequently also, options were invited for pension scheme. Now, the petitioner has come to know that her request for pension scheme was not forwarded to the University by the Principal. The claim of the petitioner is that she has been wrongly denied the benefit of pension and that the respondents should release the benefit of pension with interest.
(2.) The respondents, in the written reply, took the stand that the petitioner has no right to claim pension scheme. Every time, annual statement of CPF was sent to the petitioner. Therefore, she had the knowledge that she was governed by CPF scheme. She also obtained an advance from the CPF account. However, it was not denied that she had given option for shifting from CPF to pension scheme on 25.8.1993, in which she is stated to have signed both the forms. It was stated that the Head of Department did not accept the same nor the dealing hand dealt with the same and that it was not forwarded to the competent authority.
(3.) I have heard the petitioner in person, the learned senior counsel for the petitioner, the learned counsel for respondents and have also carefully gone through the file. The said Pension Rules of 1992 are reproduced as under :- "1. (1) These rules will be called the CCS Haryana Agricultural University Employees Pension and General Provident Fund Rules, 1992. (2) These shall apply to the employees of the CCS Haryana Agricultural University who join the service on or after the coming into force of these rules. The employees already in service shall have the option either to opt for Pension Scheme or to be governed by the existing Contributory Provident Fund Scheme. The option shall be exercised in Annexure 'A' to the Pension Statutes within a period of four months from the date of coming into force of these rules. The existing employees opting for pension scheme will have to surrender the total University contribution towards Contributory Provident Fund in their account alonwgith upto date interest accrued thereon. (3) The existing employees who do not exercise any option within the stipulated period will be deemed to have option for the Pension Scheme." ;