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PANKAJ JAIN
Heera Singh – Appellant
Versus
State of Punjab – Respondent
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, 2004?.
4. For convenience the facts are being culled out from CWP No.26858 of 2017.
5. Petitioner was recruited as Fitter after following due procedure in the year 1997 on contract basis. The petitioner continued to work so. In terms of judgment rendered by the Apex Court in Secretary, State of Karnataka and others v. Uma Devi and others , (2006) 4 SCC 1 Punjab Government took a Policy decision dated 15th o
Employees regularized after 01.01.2004 can still count pre-regularization service towards pension eligibility, ensuring equitable treatment under pension rules.
The court ruled that employees regularized after 01.09.2010 are governed by the Mizoram New Defined Contributory Pension Scheme, 2010, not the Central Civil Service (Pension) Rules, 1972.
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
The exclusion of service rendered by an employee on the work-charged establishment or daily wager from Section 2 of the U.P. Act No.1 of 2021 is hit by Article 14 of the Constitution of India for the....
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