The Supreme Court has issued a contempt notice to Punjab's Chief Secretary for failing to implement a pension scheme that has been pending for nearly three decades. The court demanded an explanation for why contempt proceedings should not be initiated against him.
A bench of Justices Abhay Oka and N Kotiswar Singh strongly criticised the Punjab government for not following through on its commitments. The court was particularly displeased that the state was trying to distance itself from an assurance given by its Additional Advocate General in 2002.
The judges pointed out that despite repeated assurances to the High Court, the Punjab government had not implemented the pension scheme. As a result, the court issued a show-cause notice to Chief Secretary KAP Sinha, asking him to explain why civil and criminal contempt proceedings should not be started against him.
Justice Oka made it clear that the state had only two options—either grant the petitioners relief immediately or face contempt proceedings. “Let officers go to jail, and thereafter we will hear you,” he warned. However, the Chief Secretary, appearing via video conference, did not provide a clear commitment, leading to the contempt notice.
The Supreme Court also issued a notice to the Deputy Director of the Department of Public Instruction (Colleges), Punjab, for allegedly submitting a false affidavit. The next hearing is scheduled for March 24.
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The court expressed frustration over the state's repeated failure to keep its promises, stating that it would no longer accept verbal assurances from government lawyers. Instead, responsible officers must submit sworn affidavits for any commitments made to the court.
The dispute centers around the Punjab Privately Managed Affiliated and Punjab Government Aided Colleges Pensionary Benefits Scheme, 1996. Petitioners, including Rajnish Kumar, had approached the Punjab and Haryana High Court after the state failed to implement the scheme.
In response, the government had promised to enforce it by June 15, 2002. However, after multiple delays, the rules were repealed in December 2006, with retrospective effect from April 1, 1992.
Punjab Advocate General Gurminder Singh assured the court that he would return with a positive update by March 24. The Supreme Court, however, firmly stated that the state government cannot escape responsibility by blaming the Executive. If such excuses continue, the court warned, it may start requiring affidavits for every statement made by government lawyers.
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