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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Punjabi University, Patiala – Appellant
Versus
RSA-2094-2025 (O&M) – Respondent
JUDGMENT :
Sudeepti Sharma J.
The present regular second appeal is preferred against judgment and decree dated 19.01.2024 passed by learned Civil Judge (Junior Division), Patiala whereby the civil suit for declaration filed by the respondent, was decreed in her favour and judgment and decree dated 25.11.2024 whereby the appeal filed by the appellant against the judgment and decree dated 19.01.2024 was dismissed by learned Additional District Judge, Patiala.
FACTS NOT IN DISPUTE
2. Brief facts of the case as per civil suit are that the respondent was appointed on the post of Drawing Teacher on 20.10.1980 by the appellant-University and was posted in University Model School, Punjabi University, Patiala. She was promoted on the post of Trained Graduate Teacher w.e.f. 24.4.1992 and was further promoted to the post of Lecturer we.f. 31.5.2013 and retired on 30.4.2015 while working on the post of Lecturer under the appellant-University. Appellant-University notified grant of option of pension to the employees, who were in service on 24.2.2000 under the appellant-University, vide letter No. 4511-4710/Accountant dated 17.7.2009. Vide this letter, the appellant-University provided one special o
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
The transition from Contributory Provident Fund to Pension Scheme is automatic for those who did not exercise their option, ensuring deemed pensioner status for eligible employees.
The central legal point established in the judgment is the importance of bona fide compliance with the conversion scheme and the liberal construction of the policy in favor of the beneficiaries.
A retired employee is entitled to pension based on documented employment, and denial without valid reasons is unlawful.
The main legal point established in the judgment is that the failure to exercise the option to join a Pension Scheme, despite multiple opportunities, constitutes waiver of the right to claim benefits....
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