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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAVINDER KAUR – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. Present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to permit the petitioner to continue with General Provident Fund Scheme and to grant him pensionary benefits as applicable to the employees recruited prior to 01.01.2004 along with all the consequential benefits. It is further prayed to direct the respondents to count the entire service rendered by the petitioner on contract basis before regularization for the purpose of qualifying service for pension and other retiral benefits in view of Rule 2(J) of Punjab Municipal Employees Pension and General Provident Fund Rules, 1994 (for short ‘1994 Rules’).
2. Learned counsel for the petitioner, inter alia, contends that the petitioner was appointed as Clerk on contract basis in Municipal Council, Dera Bassi vide appointment letter dated 22.04.1999 and she joined on 27.04.1999. In the year 2011, services of the petitioner were regularized and her initial appointment in the year 1999 does not make her a new entrant after cut off date. He relies upon a judgment passed by the Division Bench
Employees regularized after 01.01.2004 can still count pre-regularization service towards pension eligibility, ensuring equitable treatment under pension rules.
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
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....
Daily wage employees' service must be counted for pension eligibility, ensuring non-discriminatory treatment under retirement benefit regulations.
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