(Punjab & Chandigarh College Teachers' Union) 

PCCTU ON THE PATH OF STRUGGLE

 The Hon’ble Governor of Punjab,

      Raj Bhawan,

      Chandigarh.

 

Subject: -          Memorial on behalf of Teachers/Employees of Non-Government Affiliated and Aided Colleges situated in Punjab—regarding grant of assent to Punjab Bill No.22-PLA-2012

 

Yours Excellency,

 

 It is submitted that the said Bill known as THE PUNJAB PRIVATELY MANAGED AFFILIATED AND PUNJAB GOVERMENT AIDED COLLEGES, PENSIONARY BENEFITS SCHEME,1996(REPEAL) BILL, 2012 does not deserve your approval / assent on the following grounds:-

1. THE BILL has been passed in a most hurried manner without any discussion or debate whatsoever.

2. The PENSIONARY benefits scheme.1996, which the Bill purposes to repeal was not passed in a huff manner what had gone through all legal and administrative procedures and had received the approval of five Cabinets Led by Sr. Beant Singh, Sr.HS Brar, Smt. Rajider Kaur Bhattal, Sr. Parkash Singh Badal. In the year 1999 a special amendment was incorporated in the Service Security Act, 1974 for employees of private colleges in Punjab. One of the objectives of the Amendment in the service security Act was to secure power for implementation of the Pension Scheme of 1996.

3. The pension scheme of 1996 and the subsequent     Act of 1999 was adopted keeping in view the fact that not only the teachers in government schools / colleges but also the employees of Universities, Boards, Corporations, Municipal committees, private aided schools etc etc.

4. Since the pension Scheme remained unimplemented for a number of years, a large number of teachers and non teachers of private aided colleges filed many civil Writ petitions in the Punjab and Haryana High Court. In CWP No.17341 of 2003 and many other writ petitions filed subsequently and clubbed with CWP No. 17341, the Hon’ble Punjab and Haryana high court, in its Interim orders passed on 10/10/2012, 25/11/2012 etc directed the Punjab government either to implement the pension scheme or to face contempt proceedings. The case has been fixed for 10/01/2013 for discussion and final decision.

5. Obviously the repeal Bill No. 22- PLA-2012 Has been passed to side track the court decision when the matter is already subjudice.

6. The Education Minister, Punjab government,   in his statement of objects and reasons for introducing the Bill, given in the assembly on 21/12/2012, has tried to mislead the Hon’ble MLAs. For example in para2 of his statement he has argued that “as per the conditions of pension scheme 1996, no employee or management of the Aided Colleges had given its option for calming benefit during the stipulated time”. In fact this is a blatant lie as options of hundreds of employees of the aided college and willingness of the managements of these colleges are on record available with the writ petitions pending with the Punjab and Haryana High Court.

7. The Hon’ble Minister in para-3 of the statement has also stated that the teachers cannot be given pension for “the retirement age of the lecturers / Employees Is already 60 years instead of the 58 years of the Government Employees. Thus they are already enjoying a benefit of two additional years in service”.

     The Hon’ble Minister has failed to inform the members of the legislative assembly that in the pension scheme of 1996, the teachers / employees of aided colleges were considered to be notionally retired at the age of 58. The remaining two years service (58-60) was considered only to be an extension in service not to be counted for any retrial benefits. Moreover the Hon’ble Minister has failed to inform the Legislature that teachers of Universities in the state as well as the members of the IAS / IPS cadre are also retiring at the age of 60 years and are also getting the Pensionary Benefits. Now the UGC has extended the age of retirement of University/ college teachers to 65. This cadre is getting the pension almost in 20 states of the country.

8. In view of the above, it is submitted that the Pensionary Scheme, 1996 has been repealed for wrong reasons, on wrong grounds. Therefore, we appeal to you to withhold your Assent to the BILL NO.22-PLA-2012 and to save the future of Higher Education and Democracy in Punjab.

9. At the same time we REQUEST you to give us an appointment at the earliest so that we could personally submit our pleadings and submissions before you, Sir.

 

Yours truly,

Dr. Kuldip Singh (General Secretary) 9855596480

Prof. J R Prashar (President) 9417914730

Dr. P S Gill (Co-President) 9814933340

Prof. Mukhwinder Singh (Vice-President) 9417578795

Prof. Mrs Surinder Kaur (Convener Women Wing) 8146911118

Prof. Iqbalpreet Kaur (Co-Convener Women Wing) 9815541984

 

Date: 26/12/12

 

Teachers urge Governor not to approve new pension Bill
Tribune News Service

Ludhiana December 27
Lecturers who have retired from government aided colleges approached the Punjab Governor Shivraj Patil to persuade him not to approve the Bill passed by the Punjab Assembly. If the Bill is implemented then college teachers working in government aided colleges, which are privately managed, would not be entitled to government pension, they say.

The Punjab Government on December 21 passed a Bill in which government stated that it does not have sufficient funds to give pensions to lecturers who had worked at government aided colleges.

Education Minister Sikander Singh Maluka stated in the assembly that as per the conditions of the Pension Scheme, 1996, no employee or management of aided colleges had opted to claim benefits.

Contradicting the Punjab government's claim, former president Punjab & Chandigarh College Teachers' Union (PCCTU) KBS Sodhi said, "The Bill has been passed without any discussion or debate. Now we have approached the Governor of Punjab to not approve the Bill as retired teachers will badly lose out.

“Over 3,000 pensioners will get affected with this. We have demanded a personal hearing from the government so that the representatives of retired college teachers could present our case."

Sodhi said, "The Pensions scheme, 1996, which the bill proposes to repeal, had gone through all the legal and administrative procedures and had received the approval of the Cabinet.

“In the year 1999, a special amendment was incorporated into the Service Security Act, 1974, for employees of private colleges in Punjab. One of the objectives of the amendment was to secure the implementation of the Pension Scheme of 1996."

"Since the Pension Scheme was not implemented for a number of years, several teaching and non-teaching staff of government aided colleges filed civil writ petitions in the Punjab and Haryana High Court. In its Interim orders passed on November 25, the Court directed the Punjab Government to implement the Pension Scheme,1996, or face contempt proceedings. The case has been fixed for January 10, 2013 for discussion and final decision," Sodhi said.

Tarsem Bahia from the Punjab Non Governemnt Aided Colleges Employees Association said, "The bill has been passed just to sidetrack the Court's decision as the matter was still sub judice.

“This cadre is getting pension in over 20 states of the country. We have submitted to the Governor that the Pension Scheme, 1996, has been repealed for wrong reasons. Therefore, we appeal to the Governor to withhold assent to the Bill and to save the future of higher education in the state."

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