CWP 7113/2017

1

136

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH.

Date of Decision:-05.04.2017

Kulwinder Singh and others

......Petitioners.

Versus

State of Punjab & Ors.

......Respondents.

CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH

Present:-

Mr. Jasbir Singh Mohri,Advocate for the petitioners

***

JASWANT SINGH, J.(ORAL)

The 76 petitioners herein were engaged as Special Police

Officers between 1991 to 1996 by the Police Department, Punjab and

subsequently, on their passing the suitability test, were enrolled/enlisted as

Constables at the time of recruitment from the source of Special Police

Officers. All of them have been enrolled as Constables after 01.01.2004,

therefore, they are sought to be governed under the New Restructured

Defined Contributory Pension Scheme introduced for the appointees with

the Punjab Government after 01.01.2004. Their prayer is for a direction that

they have to be governed under the Old Pension Scheme applicable to the

appointees prior to 01.01.2004 by counting their previous periods of

engagement with the Punjab Government.

It is contended that the issue is squarely covered by the

decision of a Division Bench of this Court rendered in Harbans Lal Vs.

Rajinder Parshad Joshi

2017.04.05 17:10

I attest to the accuracy and

integrity of this document

CWP 7113/2017

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136

The State of Punjab and others, reported as 2012 (3) S.C.T. 362, which

has attained finality.

It is further contended that the ratio of Harbans Lal's case

(supra) has also been extended to the similarly situated Special Police

Officers by a coordinate Bench of this Court rendered in CWP No.24472 of

2015 titled as Constable Rajesh Kumar and others Vs. State of Punjab

and another, vide order dated 07.01.2016 (Annexure P-12), as even the

review filed against the said order (P-12) was dismissed vide order dated

09.05.2016 (Annexure P-13).

Notice of motion.

On the asking of the Court, Mr. Harkesh Manuja, Additional

Advocate General, Punjab who is present in Court accepts notice and does

not dispute the aforesaid factual position, coupled with the facts of the

present case that the matter is squarely covered by the decision rendered in

Harbans Lal's case (supra), as also order dated 07.01.2016 (P-12). Copy

supplied.

In view of the aforesaid circumstances, the present writ petition

is disposed of in the same terms as in CWP No.24472 of 2015 decided on

07.01.2016 (P-12).

( JASWANT SINGH )

JUDGE

05.04.2017

Joshi

Whether speaking/reasoned

Yes/No

Whether Reportable

Yes/No

Rajinder Parshad Joshi

2017.04.05 17:10

I attest to the accuracy and

integrity of this document