34 Years Service Retired Employee Wins Pension High Court

The Punjab and Haryana High Court recently granted pension relief to a retired junior technician who had rendered more than 34 years of service, while also pulling up a municipal council executive officer for issuing two contradictory orders within two months rejecting his pension claim on entirely different grounds.

Justice Harpreet Singh Brar held that his entire tenure, including the period spent with the Punjab Water Supply and Sewerage Board before his absorption into the municipal council, must be counted as qualifying service for pension.

“The respondent-council is directed to take into account the entire service rendered by the petitioner as qualifying service for the purpose of pension,” the May 22 order read.

The high court was hearing a plea filed by Kamaljeet Singh challenging orders dated October 27 and December 2, 2021, whereby his claim for pension and other retiral benefits from the date of his retirement on June 30, 2016, was rejected.

The petitioner was appointed with the Punjab Water Supply and Sewerage Board as a rigman on October 9, 1980. Later, the designation was changed to ‘pump operator’. Subsequently, his services were regularised by an order dated February 29, 1991.

He was also promoted to the post of junior technician later. However, the municipal council subsequently passed a resolution in May 1998 in which the maintenance work carried out by the board was taken over by the Council.

Then, by a resolution dated May 30, 1998, the permanent employees of the board, including the petitioner, forming a part of the maintenance staff, were also absorbed by the council. Accordingly, the petitioner started working for the council from April 24, 1998, on a regular pay scale.

The petitioner retired from the said council on June 30, 2016, upon attaining the age of retirement. However, he was not granted any pension or pensionary benefits.

Following a legal notice and court proceedings, the municipal council’s executive officer passed an order in October 2021 rejecting the pension claim on the ground that the petitioner had failed to exercise the requisite option and deposit contributions under the pension rules.

However, just two months later, the same officer issued another order rejecting the claim on a completely different ground, stating that the petitioner was not an employee of the municipal council at all. Aggrieved by these orders, the petitioner approached the Punjab and Haryana High Court.

Appearing for the petitioner, advocate Amit Kaith argued that despite rendering a total service of 34 years, eight months and 20 days, the claim of the petitioner for pension and pensionary benefits was denied by the said council.

It was asserted that the service rendered by the petitioner in the said board deserves to be counted towards qualifying service.

It was further added that the petitioner was recognised as an employee of the said council since his absorption in 1998.

Additionally, it was pointed out that the petitioner had a legitimate expectation for the grant of pension and other retirement benefits as the said council is a pensionary establishment.

Additional advocate general Vikas Sonak argued that the petitioner retired in 2016 and only agitated his claim for pension and pensionary benefits five years later in 2021 by serving a legal notice.

He added that the petitioner has not approached this court on time, and on this ground alone, the present petition deserves to be dismissed.

It was further added that the board is a non-pensionary establishment, and no relief was claimed from it.

Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More