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HARPREET SINGH BRAR, J. (Oral)

1. This Civil Writ Petition is filed under Articles 226/227 of the Constitution of India for the issuance of an appropriate writ, order or direction, especially in the nature of certiorari, for quashing the letters dated 04.07.2023 (Annexure P-10) and 29.08.2023 (Annexure P-12) issued by the Managing Director, PSWC, whereby the requests of the petitioner dated 11.04.2023 (Annexure P-8) and 07.08.2023 (Annexure P-11) seeking grant of pension under the “Pension and Gratuity Scheme” of the respondent Corporation notified on 20.03.1996 (Annexure P-1), have been turned down without assigning any reasons while wrongfully holding that the petitioner is entitled to pension under the New Pension Scheme notified on 02.03.2004 (Annexure P-2), the impugned act/action of the respondents against the ratio of law as laid down by this Court vide judgment dated 31.08.2010 (Annexure P-13) as passed in Harbans Lal’s case, as upheld by the Hon’ble Supreme Court of India, and further reiterated in Surjit Singh Vs. State of Punjab and others (Annexure P-14) and Darshan Kumar Singla and others Vs. State of Punjab and others (Annexure P-15), who were appointed/recruited prior to 01.01.2004 and have merely been regularized after the said date, are entitled for the Old Pension Scheme under the Punjab Civil Services Rules by way of alloting GPF Account Numbers and further issuance of a writ in the nature of mandamus directing the petitioners to allot GPF Account Number to the petitioner so as to entitle him for the Old/Regular Pension and other retiral/pensionary benefits under the provisions of Punjab Civil Services Rules by taking into account his initial date of appointment on daily wage basis in view of the law laid down by this Court passed in Harbans Lal's case vide judgment dated 31.08.2010 (Annexure P-13) and as upheld by the Hon'ble Supreme Court of India and further in light of the ratio of the law laid down by this Court in case titled Satparkash Vs. State of Haryana whereby interpreting Rule 3.17A (a) of the Punjab Civil Service Rules Vol. II to the extent that no distinction is drawn between daily wages service and adhoc services or contract service for the purpose of counting the same toward pensionary benefits and further directing the Managing Director PSWC to sanction and release the pension of the petitioner under "Pension and Gratuity Scheme" of the respondent notified on 20.03.1996 (Annexure P-1) with interest @ 9% on the arrears from the date of retirement of the petitioner i.e. 30.04.2023 till the date of actual payment.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner joined the services of the respondent-Corporation w.e.f. 01.05.1994 as a Daily Wage Helper. The respondent-Corporation adopted notification dated 20.03.1996 (Annexure P-1), making Punjab Civil Services Rules-Volume II, applicable to the employees of the respondent Corporation. The petitioner’s services were terminated w.e.f. 30.03.1997, causing him to raise a challenge against it before the learned Industrial Dispute Tribunal, Bathinda. The learned Tribunal set aside the termination vide award dated 22.11.2010 (Annexure P-3) and ordered reinstatement with continuity of service. The aforesaid order was implemented by the Managing Director of the respondent-Corporation on 13.01.2012 (Annexure P-4). The Punjab Government in the meantime, notified New Defined Contributory Pension Scheme (NPS) vide notificatoin dated 02.03.2004 (Annexure P-2), applicable to employees joining on or after 01.01.2004. The petitioner requested pension under the Old Pension Scheme on 11.04.2023 (Annexure P-8), which was rejected on 04.07.2023 (Annexure P-10) and again on 29.08.2023 (Annexure P-12) on the ground that petitioner is covered under the New Pension Scheme. The petitioner had approached the concerned authorities prior to his retirement and as such it is not a case which suffers from the vice of delay and laches. The i