Manpreet Singh vs State of Punjab - 2023 Supreme(P&H) 3074

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3074

PANKAJ JAIN
Manpreet Singh – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. R.K. Arora, Advocate and Ms. Saguna Arora, Advocate; For the Petitioners
Mr. Sanjeev Roy, Advocate; For the Petitioners in CWP-20615-2010.
For the Respondent:Mr. Inderpreet S. Kang, Asstt. Advocate General, Punjab.
Mr. Baltej S. Sidhu, Sr. Advocate with Mr. Divij Datt, Advocate for Respondent No.3 in CWP-20615-2010.
Mr. Neeraj Yadav, Advocate for Respondent No.4 in CWP-20789-2019.
Mr. R.S. Modi, Advocate for Respondent No.4 in CWP-21842-2019.
Ms. Deepali Puri, Advocate for Respondent No.4 in CWP-20641-2019.
Mr. G.S. Attariwala, Sr. Advocate with Mr. Vansh Chawla, Advocate and Mr. Sourabh Singla, Advocate for Respondent No.4 in CWP-21721-2019.
Mr. D.V. Sharma, Sr. Advocate with Mr. Tushar Sharma, Advocate for Respondents No.4 & 5 in CWP-23332-2019.
Mr. Karan Vir Singh, Advocate for Respondent No.4 in CWP-20791-2019.
Mr. Aditya Sharma, Advocate for Respondent No.4 in CWP Nos.20761 & 21623

Table of Content
1. petitioners are employees needing pension governance. (Para 1)
2. court analyzed pension rules applicability for petitioners. (Para 3 , 5)
3. legal right to pension based on prior work. (Para 4 , 6)
4. writ petitions allowed, confirming old pension rules. (Para 9 , 10)

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