JUDGMENT :

HARPREET SINGH BRAR, J.

CM-3296-CWP-2026 in CWP-12551-2025

1. This application has been filed under Section 151 of the Code of Civil Procedure, 1908 seeking preponement of date of hearing from 17.08.2026 to some earlier date.

2. In view of the averments made in the application, same is allowed and date of hearing is preponed from 17.08.2026 to today. The main petition is taken on board for final disposal today itself.

CWP-12551-2025 CWP-7050-2026

3. This common judgment shall dispose of both these writ petitions, as they arise from a similar factual matrix and pose a common question of law. However, for the sake of brevity, the facts are taken from CWP-7050-2026.

4. Present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari/mandamus directing the respondents to consider the case of the petitioner(s) under Old Pension Scheme (for short ‘OPS’) instead of New Defined Contributory Pension Scheme (for short ‘NDCPS’) and count the services rendered by her as part-time Sweeper w.e.f. 01.12.1978 to 27.03.2024 as qualifying service for pensionary benefits and also to quash Clause No.6 of the regularization order dated 28.03.2024 (Annexure P-4). It is prayed to direct the respondents for releasing the consequential benefits along with interest @ 12% per annum.

5. Learned counsel for the petitioner in CWP-7050-2026, inter alia, contends that the petitioner initially joined the respondent-Corporation as part-time Sweeper on 01.12.1978 and her services were regularized vide order dated 28.03.2024 (Annexure P-4). On attaining the age of superannuation, the petitioner retired from service on 31.12.2025. However, the respondents denied the benefits of OPS to the petitioner on the ground that her services were regularized, when NDCPS was in operation.

6. Learned counsel for the petitioner in CWP-12551-2025, inter alia, contends that husband of the petitioner entered the services of the respondent-Corporation as part-time Mali on 01.12.1991 and his services were regularized vide order dated 13.03.2025 (Annexure P-5) w.e.f. 10.04.2006, but unfortunately, he died on 30.04.2024 in harness, who was due to retire on 30.09.2028. It is further contended that family pension to the petitioner has been denied on the ground of non-covering of case of her husband under OPS.

7. Learned counsel relies upon a judgment passed by the Division Bench of this Court in Harbans Lal Vs. The State of Punjab and others, 2010 SCC OnLine P&H 8181, upheld by the Hon’ble Apex Court, wherein it has been authoritatively held that daily wage, part-time or service rendered by an employee on contract basis must be counted towards qualifying service for calculating the pension and pensionary benefits, as the employee was deemed to be in service prior to coming into force NDCPS, which was implemented w.e.f. 01.01.2004 and submits that the petitioner was initially appointed in the year 1978. He further places reliance on the judgment dated 22.12.2025 passed by this Court in a bunch of petitions, lead case of which is CWP No. 12826-2017 titled as Rajesh Kumar and others Vs. State of Punjab and others (Annexure P-5) and another judgment of this Court passed in CWP No. 1672-2026 titled as Bimla Devi Vs. Punjab State Power Corporation Ltd. and others, decided on 23.01.2026 (Annexure P-6).

8. Per contra, learned counsel for the respondents in CWP-12551- 2025 opposes the prayer made by the petitioner on the ground that services of the petitioner were regularized only on 28.03.2024, as discernible from the regularization order (Annexure P-4) and as such, her case cannot be considered under OPS.

9. Mr. Ankit Gaur, Advocate, who is appearing, through video conferencing on advance notice, on behalf of the respondents in CWP-7050-2026, reiterates the stand taken by the respondents in CWP-12551-2025.

10. However, learned counsel for the respondents in both the petitions could not controvert the fact that judgment