Heera Singh vs State of Punjab - 2023 Supreme(P&H) 3146

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3146

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

Advocates Appeared:
Mr. Gagneshwar Walia, Advocate and Mr. Bikramjit S. Randhawa, Advocate; For the Petitioner(s) in CWP Nos.14953 & 15447 of 2016, CWP Nos.15093, 15131, 11060 and 27327 of 2017.
Mr. Jatinderpal Singh, Advocate; For the Petitioner(s) in CWP Nos.26858, 26823, 26879, 26880, 26881, 26882, 27130, 28156, 29187 of 2017 and CWP No.16542 of 2018.
Ms. Ameena Upmanyu, Advocate for Mr. Sandeep Kumar, Advocate for petitioner in CWP-24505-2019.
Mr. Puneet Sharma, Advocate; For the Petitioner(s) in CWP-10231-2017.
Mr. Himanshu Garg, Advocate for Mr. Sandeep Kumar, Advocate; For the Petitioners
Mr. S.S. Gill, Advocate for Mr. M.S. Batth, Advocate for Respondent No.3 in CWP-27327-2017.
Mr. H.K. Aurora, Advocate for the respondent-M.C. Jalandhar in CWP-24505-2019.
Mr. H.S. Jalal, Advocate for Respondent No.4 in CWP-18922-

Table of Content
1. pre-2004 employees governed by old pension rules. (Para 3 , 4 , 5 , 6 , 7)
2. arguments regarding applicability of pension schemes. (Para 8 , 9 , 10 , 18)
3. analysis of qualifying service for pension rights. (Para 11 , 12 , 13 , 14 , 15 , 16)
4. pension scheme applicability confusion addressed. (Para 17 , 19 , 20)
5. final ruling on old pension rules applicability. (Para 21 , 22 , 23 , 24)

JUDGMENT

Pankaj Jain, J.

By way of this common order, I intend to dispose off the afore-mentioned 19 writ petitions.

2. Written statement filed on behalf of respondent No.3 (in CWP-27327-2017), is taken on record.

3. All the petitioners in the aforesaid writ petitions are employees of Municipal Corporations who were working prior to 2004 on contract basis. Their services have been ordered to be regularized later on after 1st of January, 2004. The issue involved in all of these cases is : whether the petitioners who are in municipal services prior to 1st of January, 2004 but regularized thereafter would be governed by New Contributory Pension Fund Scheme which became applicable after 1st of January, 2004 or they would be governed by PENSION RULES in vogue prior to 1st of January, 20