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

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN, J.
Heera Singh – Petitioner
Versus
State of Punjab & Ors. – Respondents
CWP NO. 26858 of 2017
Decided On : 20-02-2023

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-

Headnote:(A) Punjab Municipal Corporation Act, 1976 - Section 71 - Punjab Civil Services Rules - Amendments regarding Pension Scheme - Petitioners, employees of Municipal Corporations regularized post-2004, claimed rights under Old Pension Rules rather than New Contributory Pension Scheme effective from 1st January 2004. Precedents referenced include Harbans Lal case, which affirmed that employees prior to the cutoff date retain Old Pension rights. Court held: petitioners are entitled to Old Pension Rules, thus affirming continuity in service benefits irrespective of formal regularization post-2004. (Paras 3, 21, and 22)

Facts of the case:
Petitioners were employees who worked before January 1, 2004, regularized later challenging their pension scheme applicability amid state policies.

Findings of Court:
Pre-2004 employees who continued under the jurisdiction remain under Old Pension Rules despite later regularization.

Issues: Clarification sought on applicable pension scheme for employees regularized after 2004 yet previously contracted.

Ratio Decidendi: The court reasoned that past service of employees before the cutoff date constitutes qualifying service for pensions, irrespective of their regularization timeline.

Result: Writ petitions allowed; petitioners governed by Old Pension Rules.

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, 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 of December, 2006 for regularizing services of Daily Wage/Work Charge employees. The same was followed by Policy dated 18th of March, 2011. The Policy by State of Punjab was adopted by the respondent-Corporation vide Resolution bearing No.JC-3 dated 8th of December, 2011. Following the same, the services of contractual employees including that of petitioner were regularized. Resolution dated 18th of December, 2021 has been placed on record at Annexure P-1. Offer of Regular Appointment to the petitioner dated 4th of April, 2012 reads as under :-

"Municipal Corporation, Amritsar

Sh. Heera Singh

S/o Sh. Karam Singh

VPO Johal Raju Singh

Teh. & Distt. Tarn Taran

No.Addl. C(T)/435

Dated : 4/4/12

Sub : Appointment as Fitter in Operation & Maintenance Cell Department, Municipal Corporation, Amritsar

Resolution No. JC-3

Dated : 08/12/2011

Memorandum

You are hereby offered the post of Fitter as Rs.4900- 10680+1300 plus usual allowances as per rules, on probation for 2 years.

2. You are directed to report yourself for duty after furnishing the following documents :-

(1) Affidavit in prescribed form.

(2) A certificate from Senior Superintending of Police of District in which you have been residing for the last three years, verifying your antecedents.

(3) Age Certificate.

(4) Certificate of Medical fitness.

(5) Declaration of your property.

(6) Service Book.

(7) In case you are married, you should furnish an affidavit duly attested by a Magistrate that you do not have more than one spouse living.

(8) In case, you belong to Scheduled Caste, a certificate should be furnished.

(9) Details marks certificate showing having passed Punjabi up-to Matric standard.

3. You should also state, if you previously served Military Department and are in receipt of any pension.

4. Contributory Pension Scheme will be applicable as amended by Govt. from time to time.

Sd/- Additional Commissioner (Tech)

For Commissioner

Municipal Corporation Amritsar

xxxx"

6. In fact w.e.f. 1st of January, 2004, State of Punjab promulgated Contributory Pension Fund Scheme which was made applicable to all fresh entrants in the government service on or after 1st of January, 2004. Necessary amendment was made in the PUNJAB CIVIL SERVICES RULES , Volume-I, Part-I which reads as under :-

"Government of Punjab

Department of Finance

(Finance Personnel Branch-II)

Date Chandigarh the 2nd March, 2004 No.8/1/2004-3FP