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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Gayapati – Appellant
Versus
Punjab State Power Corporation Ltd. – Respondent
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
Employees regularized after 01.01.2004 can still count pre-regularization service towards pension eligibility, ensuring equitable treatment under pension rules.
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.
Service rendered as daily wager cannot be counted towards pension benefits unless regularized, as clarified by the Apex Court.
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