Punjab-Haryana High Court
Amarjeet Singh vs State Of Haryana And Ors on 2 August, 2024
Neutral Citation No:=2024:PHHC:098773
CWP-16626-2021 (O&M) - 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
213
CWP-16626-2021 (O&M)
Date of decision: 02.08.2024
Amarjeet Singh
....Petitioner
Versus
State of Haryana and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Balwinder Singh Sudan, Advocate for the petitioner
Mr. Tapan Kumar, DAG Haryana
*****
AMAN CHAUDHARY. J. (ORAL)
1. The prayer in the present petition is for directing the respondents to
release the pension as well as the unpaid balance of other retiral dues and salary of
the petitioner.
2. Learned counsel submits that the petitioner was appointed as Driver
in Haryana Roadways on contractual basis on 12.02.2002 and his services were
regularised on 13.02.2006, however, New Pension Scheme was made applicable
on account of the fact that, it came into operation w.e.f. 01.01.2006. He retired on
30.04.2020, after attaining the age of superannuation. The claim of the petitioner
is covered by the judgment passed by this Court in the case of Mohinder Singh
and Others vs. State of Haryana and Others in CWP-14160-2018, decided on
30.01.2023, against which no LPA has been filed, which relating to the same
Department, wherein also the petitioners were appointed on contract basis in the
year 2002 and regularised after 01.01.2006. Relevant paras whereof read thus:
"xxx xxx xxx
Admitted position is that services of petitioners Nos. 1 to
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7 were regularized after 01.01.2006, whereas petitioners No.8
to 10 were regularized before the said date. By virtue of
notification dated 04.12.2008, Annexure P-6, Government of
Haryana introduced Haryana New Pension Scheme (NPS),
2008 (for short "the NPS") with effect from 01.01.2006. The
short question for determination is as to whether the services
rendered by the petitioners prior to regularization are to be
counted towards payment of pensionary benefits and in case
the petitioners have been regularized after 01.01.2006, the
benefit of continuous service rendered can be given to them.
Matter stands settled in various judgments passed by the
Court. Hon'ble Supreme Court in Prem Singh Versus State of
Uttar Pradesh and others (2019) 10 SCC 516, has held that
the services rendered prior to regularization in the capacity of
work charged employees, contingency paid employees or on
non-pensionable establishment shall count towards qualifying
service, even if such service is not preceded by temporary or
regular employment in the pensionable establishment.
A Full Bench of this Court in Kesar Chand Versus
State of Punjab 1988 (2) PLR 223, while striking down Sub-
rule (2) of Rule 3.17-A of Punjab Civil Service Rules Vol. II
held that once the services of a work charged employee, have
been regularized, there appears to be hardly any logic to
deprive him of pensionary benefits. It has been further held that
even temporary or officiating service under the Government
has to be reckoned for determining the qualifying service.
A Division Bench of this Court in Harbans Lal Versus
State of Punjab and others 2012 (3) SCT 362 has concluded
as follows:-
"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 1.1.2004. The new Restructured 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 Services Rules, cannot be
further amended by issuing clarification/instructions
dated 30.5.2008 (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 1.1.2004."
SLPs challenging this judgment as well as the review
applications filed by the State of Punjab, have been dismissed
by the Apex Court.
In view of the above settled position, petitioners are held
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entitled to count the entire service rendered by them on
contract basis for the purposes of grant of pensionary benefits.
Petition is disposed of with a direction to the
respondents to pass appropriate orders after treating the service
rendered by the petitioners on contract basis prior to
regularization as qualifying service for the purposes of pension.
As some of the petitioner(s) have retired, it is directed that
arrears of pension payable to them, shall be confined to a
period of three years prior to the date of this order and the
amount due be paid to them within a period of four months
from the date of this order."
3. Learned State counsel has not been able to controvert the factual
position and draw out any distinctive aspects in the aforementioned judgment or
cite any contrary law.
4. In wake of the aforesaid, the present petition is disposed of in terms
of the judgment passed in Mohinder Singh (supra).
(AMAN CHAUDHARY)
JUDGE
02.08.2024
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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