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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Shiv Chander Giri – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
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| 1. filing of writ petitions for past service. (Para 3 , 5) |
JUDGMENT :
HARPREET SINGH BRAR J.
1. Vide this common order, I intend to dispose of CWP Nos.22001, 22056 and 22072 of 2025, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CWP-22056-2025.
2. Prayer in all these writ petitions filed under Article 226 of the Constitution of India , is for issuance of a writ in the nature of certiorari, for quashing the speaking order No.147 dated 23.01.2019 (in CWP-22001-2025), speaking order No.57 dated 04.04.20185 (in CWP- 22056-2025) and speaking order No.158 dated 25.02.2019 (in CWP- 22072-2025), vide which the claim of the petitioner(s) for counting their past services rendered with Haryana State Minor Irrigation and Tubewell Corporation (hereinafter to be referred as ‘HSMITC’) for the purpose of regularization in Haryana State Electricity Board (in short ‘HSEB’) towards their qualifying service, has been rejected. Further a writ of mandamus has been sought, directing the respondent – Department to count the work-charge period of the petitioner(s), detailed in the prayer clause of the aforementioned writ p
Service rendered as work-charge employees must be considered for pension eligibility upon regularization, ensuring equality under law.
Pension is a right earned for past services and should not be denied arbitrarily. It is a deferred payment for past services and is not a bounty or charity.
Temporary service prior to regularization must be counted for pension eligibility to ensure fairness and justice, as established by prevailing judicial principles.
Employees regularized after 01.01.2004 can still count pre-regularization service towards pension eligibility, ensuring equitable treatment under pension rules.
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