‘Suffering pensioners’ to get relief in time-bound manner, rules Punjab and Haryana High Court

Saurabh Malik

Chandigarh, June 6

Castigated by the Punjab and Haryana High Court for not granting pensionary benefits under the old-pension scheme to employees whose services were regularised after the commencement of the new contributory provident fund scheme around 18 years ago, the Punjab government has decided to “streamline” the grant of benefit.

“The suffering pensioners will be able to get relief in a time-bound manner henceforth,” the high court asserted, after taking a note of the government’s decision. The assertion by Justice Harsimran Singh Sethi came during the hearing of a petition filed against the State of Punjab and other respondents by Mohinder Singh.

Justice Sethi, in a related matter, has already asserted that inaction of the respondents in pension matters was appalling as the law on granting the benefits under the old scheme had already been settled by a Division Bench in “Harbans Lal’s case” on August 31, 2010.

The judgment makes it clear that an employee already working on a temporary or ad-hoc basis as on January 1, 2004 — when the new contributory provident fund scheme came into being — would be governed by the old pension scheme only.

Taking up Mohinder Singh’s plea, Justice Sethi observed the petitioner’s grievance was that the claim for pension under the old scheme was covered by the high court decision in the case of “Harbans Lal versus the State of Punjab and others”. But the benefit had not been extended to him without valid justification, despite the fact that 10 years had passed since the judgment was delivered.

Justice Sethi also took note of the counsel’s submission that the employees were being forced to approach the high court seeking the relief. Responding to the submissions, the state counsel contended that a decision had been taken in meetings held on May 4 and May 18 to streamline the grant of benefit under Harbans Lal’s case.

The state counsel added the approval had already been given by the competent authority to grant the relief in the Forest Department employees’ case. The decision would also cover the petitioner’s matter. The actual benefits under the decision would be extended to the petitioner within next six weeks.

Keeping in view the state counsel’s contentions, the petitioner’s counsel submitted that the petitioner’s grievance did not survive and the plea may be disposed of as having not been pressed any further.

Justice Sethi expressed appreciation for Punjab Advocate-General’s efforts following which relief would be granted to the pensioners in a time-bound manner.

Numerous staffers to benefit

• Employees working on a temporary or ad-hoc basis as on January 1, 2004 will be governed by old-pension scheme
• Law on granting benefits under the old scheme was settled by Division Bench in “Harbans Lal’s case” in 2010
• State counsel told the Bench that the decision had been taken to streamline the grant of benefit