IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

220 CWP-18074-2021 (O&M)

Date of decision: 07.02.2025 Ram Pal and Others ....Petitioners Versus State of Punjab and Others ...Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. Baljeet Singh Sidhu, Advocate for the petitioners (cid:2)(cid:3)(cid:4)(cid:1)(cid:2)(cid:5)(cid:6)(cid:7)(cid:8)(cid:5)(cid:9)(cid:1)(cid:10)(cid:7)(cid:6)(cid:11)(cid:12)(cid:1)(cid:13)(cid:14)(cid:15)(cid:5)(cid:9)(cid:16)(cid:1)(cid:17)(cid:13)(cid:18)(cid:1)(cid:19)(cid:20)(cid:6)(cid:21)(cid:5)(cid:22)

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AMAN CHAUDHARY, J. (ORAL)

1. The prayer made in the present petition is for declaring the New Restructured Defined Contribution Pension Scheme dated 02.03.2004, applicable to the petitioner.

2. The petitioners were initially appointed as Class-IV employee on part-time basis between the years 1987 to 1992 and their services were regularised between 2012 to 2015 with no break in the services. Reliance is placed on the passed by this Court in Jeewan Lata vs. State of Punjab and Others, CWP- 10238-2017, decided on 10.05.2019, covers the case of the petitioners on all fours, which stands complied in COCP-3624-2019, to learned State counsel despite best efforts unable to controvert regards the factual position and draw out any distinctive aspects in the aforementioned judgment or cite any contrary law.

“…. The question of law as to whether an employee, whose services were regularised after 01-01-2004, will be governed by the New Pension Scheme or the Old Pension Scheme is well settled and has already attained finality up to the Hon'ble Supreme Court of India. The Division Bench of this Court while deciding CWP No. 2371 of 2010 titled as Harbans Lal Vrs. State of Punjab & Ors. decided on 31-08-

2010 has held that an employee who was in service as on 01- 01-2004 though his services might have been regularised after the said date, is to be governed under the Old Pension Scheme.

The relevant portion of the judgment is as under:-

From the above discussion, we have come to the conclusion that the entire daily wage service of the petitioner from 1988 till the date of his regularization is to be counted as qualifying service for the purpose of pension. He will be deemed to be in govt. Service prior to 01.01.2004. The new Re-structured Defined Contribution Pension Scheme (Annexure P-1) has been introduced for the new entrants in the Punjab Government Service w.e.f. 01.01.2004, will not be applicable to the petitioner. The amendment made vide Annexure P-2 amending the Punjab Civil Service Rules, cannot be further amended by issuing clarification/instructions dated 30.05.2008 (Annexure P- 3) The petitioner will continue to be governed by the GPF Scheme and is held entitled to receive pensionary benefits as applicable to the employees recruited in the Punjab Govt. Services prior to 01.01.2004.

In view of the above, the writ petition is allowed.

Accordingly, respondents are directed to treat the whole period of work charge service as qualified service for pension because accordingly to clarification issued on 30.05.2008 (Annexure P-3), the new defined Contributory Pension Scheme would be applicable to all those employees who have been working prior to 01.01.2004 but have been regularized thereafter. Let his pension and arrears be calculated and paid to him expeditiously, preferably within a period of three months from the date of receipt of copy of this order.

No order as to costs.

The above said judgment has already attained finality up to the Hon'ble Supreme Court of India as the Special Leave Petition filed against the said judgment by the State of Punjab has already been dismissed. Therefore, the first objection which the respondents have taken to deny the petitioner the benefit of pension on the ground that the petitioner will be governed by the New Contributory Provident Funds Scheme holds no ground and is liable to be rejected.

The second objection which has been taken by the respondents is that