ORDER

Heard Counsel for the parties.

2. The Respondent herein was appointed as a Driver on a fixed salary of Rs. 80/- per month on 17th July, 1954. The said appointment was approved by the Appellant-Municipal Committee on 16th September, 1954. It is alleged that with effect from 1st February, 1968 the Respondent was given for the first time the regular pay scale of Rs. 130-5-160-5-250 in view of the Third Pay Committee report. It is also alleged that the Respondent also started contributing towards Provident Fund with effect from 1st February, 1968. The Respondent retired on 30th June, 1994.

3. On 28th July, 1994 the State Government published rule known as Punjab Municipal Employees Pension and General Provident Funds Rules , which was enforced with effect from 1st April, 1990. It is alleged that an option was given under the Rules to the employees who were in the service of the Appellant-Board between 1st April, 1990 and the date of enforcement, to opt either for Provident Fund or for pension. In case an employee sought an option to have a pension, he was required to refund the contribution made by the Appellant along with the interest. In the present case, it appears that the Resp