Landmark Judgment on Pension Scheme Implementation

In a significant legal development, a judgment was passed regarding the implementation of a pension scheme by the Punjab Government. The Court’s analysis and decision in this case have far-reaching implications for pension eligibility and cut-off dates. Discover more about this landmark ruling and its impact on pension beneficiaries.

Facts

  • Request for altering the cut-off date was denied by the Government due to financial burden.
  • Pension scheme proposed by Punjab Government in 1991, implemented in 1999.
  • Cut-off date for scheme implementation: 01.07.1999.
  • Writ Petition for scheme implementation from 1995 was dismissed by High Court.
  • The Government cannot deprive the 214 persons included in the list of the benefit of the scheme for any reason.
  • A direction was given to pay pension to the 214 eligible persons from 01.2018 onwards, amounting to Rs.3.79 Crores annually.
  • The judgment dated 30.01.2018 clarified that the Appellants are not entitled to arrears before 01.01.2018.
  • M.A. No.2673 of 2019 was filed seeking clarification as the Appellants were not granted pension despite being in the list of 214.
  • Applicant No.1 retired on 30.04.1994 and Applicant No.2 retired on 20.09.1997 as per the M.A.
  • Civil Appeal No.1298 of 2018 was filed to challenge the High Court’s judgment, citing the reason that Appellant No.1 retired before 11.05.1995.

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Arguments

  • The Court directed the State of Punjab to obtain instructions regarding the actual financial liability of the State.
  • The learned Senior Counsel for the Appellants mentioned that only 100 eligible employees are surviving.
  • Ms. Uttara Babbar, learned counsel for the State, confirmed the information about the number of surviving employees.

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Decision

  • Ms. Uttara Babbar, counsel for the State, argued that only individuals who retired between 11.05.1995 and 30.06.1999 should receive pension benefits.
  • The Civil Appeal was decided based on Ms. Uttara Babbar’s statement, made on behalf of the State Government, that 214 individuals are eligible for the pension scheme.

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Case Title: DARSHAN SINGH Vs. THE STATE OF PUNJAB SECRETARY RURAL DEVELOPMENT AND PANCHAYAT (2021 INSC 41)

Case Number: MA-002673 / 2019

Click here to read/download original judgement

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