The Supreme Court on Wednesday sharply criticized the Punjab government for its handling of pensionary benefits for employees of government-aided colleges, terming its recent statements as “the most shameless” act of evading legal responsibility. A bench comprising Justices Abhay S Oka and N Kotiswar Singh was notably irate over the assertion made by the state’s law officer that his statements in court could not bind the government because they were made by “an executive.”
During a virtual hearing, Punjab chief secretary KAP Sinha was taken to task for the state’s failure to implement court orders and for backtracking on official assurances. The court expressed its dismay and disbelief at the government’s argument, demanding a straightforward answer on whether it would uphold the pensionary benefits as previously ordered by the judiciary. “Just give us the answer in a yes or no. Either comply or we will record that you are refusing to answer,” the bench stated, emphasizing the critical nature of the commitments made to the court.
Advocate General Gurminder Singh requested a week’s extension to respond, citing new legislation that allegedly restricted the chief secretary’s actions. However, the court denied any further delays, expressing frustration over the state’s continuous stalling tactics. “We cannot give more time. The state of Punjab is so powerful that it says the statements by its law officers are mere statements of the executive,” remarked the justices.
The bench reluctantly agreed to defer the show-cause notice of contempt against Sinha but expressed concern about the implications of the government’s stance on the credibility of state law officers’ statements in future court proceedings. “We are shocked to hear that a statement was made across the bar that a law officer’s statement does not bind the government. If this approach is allowed, courts will find it extremely difficult to accept statements made by state law officers in the future,” the justices added, scheduling the next hearing for March 24.
The case revolves around the Punjab government’s repeated failures to implement the Punjab Privately Managed Affiliated and Punjab Government-Aided Colleges Pensionary Benefits Scheme, 1996. Despite multiple court orders and legal undertakings, the state has been accused of creating bureaucratic obstacles and employing legal maneuvers to delay the scheme’s implementation, which has left many employees without promised pensionary benefits for nearly three decades.
