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 opportunity for grant of pension to its employees and sought option accordingly. Since the respondent was earlier covered under CPF scheme, she opted for pension on 5.8.2009 within the stipulated period of two months from the date of issuance of letter dated 17.7.2009. The said option form was forwarded vide diary No. 13388 dated 8.8.2009 to the Registrar, Punjabi University, Patiala. The respondent also attached letter dated 5.8.2009 alongwith the option form stating that the amount payable by the respondent for getting the pension may be adjusted from the arrears of the CPF lying with the appellantUniversity. The appellant-University accepted the option of the respondent for grant of pension and accordingly CPF account was changed to that of GPF and the respondent was allotted GPF account No. 1524 and the CPF account bearing No. 2469 was stopped and the respondent was put in the pension scheme for all intents and purposes.

3. Thereafter the CPF was not deducted from the salary of the respondent and she was put under the GPF Pension category. The pension No. 1585 was also allotted to the respondent by the appellant-University. The respondent retired from service w.e.f. 30.4.2015, but she was not granted pension by the appellant-University despite repeated representations and requests made by the respondent to the appellant-University. She then filed civil suit for declaration to the effect that the action of appellant-University by not awarding the pension to the respondent w.e.f 01.05.2015 of the post of Lecturer held by the respondent at the time of her retirement i.e 30.04.2015 is illegal and that she is entitled for pension w.e.f 01.05.2015 along with arrears of pension and interest @ 18% per annum. The civil suit filed by the respondent was decreed in her favour, vide judgment and decree dated 19.01.2024 passed by learned Civil Judge (Junior Division), Patiala. The appellants filed appeal against the same, which was dismissed vide judgment and decree dated 25.11.2024 passed by learned Additional District Judge, Patiala. Hence, the present Regular second appeal.

Submissions of learned counsel for the parties

4. Learned counsel for the appellants contends that the civil suit filed by the respondent in the year 2020 is highly belated, since in the year 2013, the appellant-University stopped depositing the amount in the pension fund account of the respondent, which was never challenged by the respondent. The respondent retired on 30.04.2015 and claimed the amount of CPF and GPF in the year 2018. Further she filed the civil suit in the year 2020 for claiming pension, which is time barred. He further contends that Ex P3 and P30 are not proved, which is the letter sent by the respondent for deducting the amount from her CPF and GPF Account, which was requ