Judicial officers can opt for Old Pension scheme within 3 months, Punjab tells HC
In a major development affecting the pension rights, the state of Punjab has told the Punjab and Haryana High Court that judicial officers in Punjab will be given the option to choose the Old Pension Scheme.
Appearing before the division bench of Chief Justice Sheel Nagu and Justice Sumeet Goel, the state counsel submitted that judicial officers of the Punjab Higher Judicial Service and the district judiciary could opt for the Old Pension Scheme within three months from May 23. They would be automatically covered under the New Defined Contributory Pension Scheme, if they did not submit their option within the period.
“If the Old Pension Scheme is allowed to be opted for by the petitioners and all other similarly placed members of the Higher Judicial Services of the state of Punjab and as well as members of district judiciary, within three months counted from May 23, such judicial officers shall be covered by the Old Pension Scheme, or else, if no option is made, they would be deemed to have opted for the New Defined Contributory Pension Scheme,” the state told the court.
The bench was hearing a petition initially by 23 judicial officers through counsel Arav Gupta, Apoorva Kinra, Sonia Kinra, and Harsh Kinra. It was told that all the petitioners were members of the Higher Judicial Service in the state of Punjab. They were being covered by the New Defined Contributory Pension Scheme which came into effect from January 1, 2004, even though their recruitment process commenced in July 2003.
Disposing of the matter, the bench recorded the state’s undertaking and directed wide dissemination of the order to ensure maximum benefit for eligible officers and employees. It directed that the state of Punjab, upon receiving the options, would take appropriate action under the Punjab (Unamended) Pension Rules within 60 days from the expiry of the three-month option window.
“If the options are submitted by the members of the Superior Judicial Services and the district judicial services of the state of Punjab within three months counted from May 23 the state of Punjab shall take appropriate steps, as per the Old Pension Scheme under the Punjab (Unamended) Pension Rules, within 60 days from the last date of receipt of options,” the bench added.
For ensuring maximum number of eligible officers and employees could avail the benefit of the Old Pension Scheme — if they so desired, the court directed its Registrar-General to circulate the order among all members of the Punjab Higher Judicial Service, district judicial officers, employees of the high court, and employees of the district courts
The court noted that, in view of the state’s categorical undertaking and the notification issued, it did not wish to continue with the matter and accordingly disposed of the petition.
