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2022 Supreme(P&H) 1875

HARSIMRAN SINGH SETHI
Amarjit Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Shashi Kumar Rattan, Advocate, Ms. Alisha Arora, Advocate for Ms. Anju Arora, Advocate, Mr. Surinder Garg, Advocate, Mr. Amit Sharma, Advocate for, Mr. V.K. Shukla, Advocate, Mr. Sohrab Dhanda, Advocate and Mr. A.S. Manaise, Advocate, Mr. B.S. Patwalia, Advocate, Mr. Saajan Singla, Advocate, Mr. Gopal Singh Nahel, Advocate, Mr. Vijay Sharma, Advocate, Mr. Mohit Garg, Advocate, Mr. Vikas Chatrath, Advocate and Ms. Niharika Mittal, Advocate, Mr. Satnam Singh Thakur, Advocate, for the Appellant; Mr. K.K.Bheniwala, Addl. A.G.Punjab., Mr. Vivek Chauhan, Advocate for, Mr. Parminder Singh, Advocate, Ms. Amarpreet Kaur, Advocate for, Mr. Nakul Sharma, Advocate, for the Respondent.

JUDGMENT

Harsimran Singh Sethi, J. (Oral) - CM-4881-CWP-2022

1. Prayer in the instant application is for placing on record Annexure P-12 and also for grant of exemption from filing certified and typed copy of the same.

2. Application is allowed subject to all just exceptions and Annexure P-12 is taken on record.

CWP-24322-2016 (O&M)

3. By this common order, the petitions, details of which have been given in the heading, are being disposed of, as all the petitions involve same question of law i.e. whether, keeping in view the settled principles of law, as per Rule 2(k) of the Punjab Panchayat Samiti and Zila Parishad Employees Pension and Provident Fund Rules, 2000 (for brevity, 'the 2000 Rules'), only the service for which the CPF has been deducted has to be taken into account as a qualifying service for computing the pensionary benefits or total length of service of an employee is to be taken into account, subject to the employee depositing the CPF for the period it was not deducted by the employer, along with interest.

4. Learned counsel for the petitioner(s) argues that question of law raised in these petitions is no longer res integra as the said Rule 2(k) has already been interprete

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