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PANKAJ JAIN
Manpreet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Pankaj Jain, J.
In this batch of writ petitions, the petitioners are all employees of Municipal Committees/Municipal Corporations who were employed prior to 1st of January, 2004 but were regularized after 1st of January, 2004. By way of present writ petitions they claim their rights to be governed by the Punjab Municipal Employees Pension and General Provident Fund Rules, 1994 (hereinafter referred to as 1994 Rules') and not by the Contributory Pension Fund Scheme as promulgated w.e.f. 1st of January, 2004.
2. Replies on behalf of respondent No.4 in CWP-23205-2019 and in CWP-21721-2019 respectively have been filed in Court today. The same are taken on record.
3. The reliance has been placed upon Division Bench of this Court in CWP No.2371 of 2010 titled as Harbans Lal v. State of Punjab and others (Annexure P-4) as upheld by Apex Court in SLP No.1150 of 2012 vide order dated 30th of July, 2012 and further order passed by Apex Court dated 4th of November, 2015 on review petition preferred by the State which was dismissed observing as under :-
"Order
Employees regularized after 01.01.2004 can still count pre-regularization service towards pension eligibility, ensuring equitable treatment under pension rules.
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
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