Employees regularized after 01.01.2004 can still count pre-regularization service towards pension eligibility, ensuring equitable treatment under pension rules.

JUDGMENT :

HARPREET SINGH BRAR, J.

CM-5383-CWP-2025 in CWP-34014-2024

The present application has been filed under Section 151 of CPC for placing on record affidavit of Sh. Jagdeep Saigal, Joint director, Department of Local Government, Punjab on behalf of respondents No.1 and 2 along with Annexures R-1 to R-4.

In view of the grounds mentioned in the application, the same is allowed, as prayed for, subject to all just exceptions. Annexures R-1 to R-4 are ordered to be taken on record.

Registry is directed to place the same at an appropriate place.

Main

1. This order of mine shall dispose of the above-mentioned writ petitions as they arise from a similar factual matrix. However, for the sake of brevity, the facts are taken from CWP-12826-2017.

2. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India, to count their entire service rendered on part-time basis followed by regular service for qualifying service for pension; and Grant them pensionary benefits as applicable to employees recruited prior to 01.01.2004 under the Punjab Municipal Employees Pension and General Provident Fund Rules, 1994.

3. Learned counsel for the petitioners inter alia contends that the petitioners’ initial appointment in July 1994 prior to 01.01.2004 and their subsequent regularization in 2008 does not make them “new entrants” after the cut-off date. He relies on the Division Bench judgment of this Court in Harbans Lal vs. State of Punjab , 2010 SCC Online P&H 8181, affirmed by the Supreme Court, wherein it was held that daily wage service rendered before regularization must be counted towards qualifying service for pension, and such employees are deemed to be in service prior to 01.01.2004. He also places reliance on State of Haryana vs. Jai Bhagwan , 2024 NCPHHC 95763, where part-time service followed by regularization was directed to be counted for pension.

4. Per contra, learned counsel for the respondents submits that the petitioners were regularized after 01.01.2004 and are governed by the new pension scheme. Further they were part-time employees working only 4 hours a day and cannot be equated with full-time daily wagers. Simultaneously the petition suffers from delay and laches. The counsel further submits that when the petitioners accepted the employment they were well aware of the terms of regularization which excluded pensionary benefits.

5. Having heard the learned counsel for both the parties and after perusing the records it transpires that the petitioners have been in service of the respondent-Committee as Safai Sewaks since the year 1994 who were later regularised in the year 2008. Further the respondents have denied the claim made by the petitioners through representation dated 17.02.2017 and have held Harbans Lal (supra) to be inapplicable, distinguishing it on facts, without providing any reasoning for this conclusion.

6. Further, the service of the petitioners is also governed by the Rules of 1994. The relevant provisions of the same are reproduced below:

“1. Short title and commencement and application. –

(1)These rules may be called the Punjab Municipal Corporation Employees Pension and General Provident Fund Rules, 1994.

(2) They shall be deemed to have come into force on and with effect from the first day of April, 1990 in the case of employees who are members of the provincialised Service of a Corporation, and in the case of employees who are members of a non-provincialised Service of a Corporation, they shall come into force from such date, as the concerned Corporation may, determine, by a resolution passed in this behalf.

(3) They shall apply to the employees of the Corporations, -

(i) who are appointed on or after the first day of April, 1990 on whole time regular basis; and (ii) who were working immediately, before the first day of April, 1990 on whole time regular basis and opt for these rules :

Provided that the employees who were working immediately before the first day of April, 1990 and wh