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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Rajesh Kumar – Appellant
Versus
State Of Punjab – Respondent
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 c
Employees regularized after 01.01.2004 can still count pre-regularization service towards pension eligibility, ensuring equitable treatment under pension rules.
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
Daily wage employees' service must be counted for pension eligibility, ensuring non-discriminatory treatment under retirement benefit regulations.
Services rendered as a daily wager employee cannot be counted for pension/quantum of pension, but after regularization, the employee cannot be denied pension for not completing the qualifying service....
Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.
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